Intellectual property (or IP) refers to creative work, which can be treated as an asset or physical

property. Intellectual property rights fall principally into four main areas; copyright, trademarks, design rights and patents.

Copyright: Copyright applies to work that is recorded in some way; rights exist in items such as literary,
artistic, musical and dramatic work as well as films, sound recordings and typographical arrangements. It gives the author specific rights in relation to the work, prohibits unauthorised actions, and allows the author to take legal action against instances of infringement or plagiarism. Copyright is an automatic international right, and excepting specific considerations for US citizens, a single registration with the UK Copyright Service will provide the evidence to help prove and protect your rights at a worldwide level. Immediate protection is available via the online copyright registration facility, while postal applications are typically processed in just a few days.

Trademarks: A trademark can be a name, word, slogan, design, symbol or other unique device that
identifies a product or organisation. Trademarks are registered at a national or territory level with an appointed government body and may take anywhere between 6 and 18 months to be processed. Registering in countries such as the US, the UK, Japan, etc will protect your mark in that country only, but within the European Union, there now exists a Community Trade Mark (CTM) which covers the mark in all EU countries. Registered trademarks may be identified by the abbreviation TM, or the symbol. (it is illegal to use the symbol or state that the trademark is registered until the trademark has in fact been registered). In the US there is also a differentiation between marks used for products or services, with a classification called service-marks used for services, though they in fact receive the same legal protection as trademarks. In most countries, the national patent office will also administer trademarks.

Design rights: Designs may be subject to both copyright and design rights. They may also be registered
in a similar way to patents.

Patent: Patents apply to industrial processes and inventions, and protect against the unauthorized
implementation of the invention. Patents are grants made by national governments that give the creator of an invention an exclusive right to use, sell or manufacture the invention. Like trademarks, patents are registered at a national or territory level with an appointed government body. Patents typically take 2 to 3 years to be granted.

Intellectual Property and International Trade

Intellectual property includes patents, trade marks, copyright and related rights, geographical indications, industrial designs, know-how and trade secrets. Intellectual property is an integral part of international trade, and its importance is increasing as the effective use of knowledge contributes ever more to national economic prosperity. The Australian Bureau of Statistics National Accounts for 2009-2010 valued intellectual property in Australia at over $170 billion. Trade in royalties for intellectual property for Australia in 2010 were $1.2 billion (exports) and $4.8 billion (imports).

As a trading nation with a strong research tradition and a need for access to new technologies, Australia has interests in the agreed international standards on the protection and exploitation of intellectual property rights. Consequently, Australia protects those interests, notably in its work within the World Trade Organization (WTO) to promote the effective and balanced implementation and development of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Australia also works within the World Intellectual Property Organization (WIPO) to protect intellectual property rights worldwide and contribute to economic development in cooperation with other Member States. The Office of Trade Negotiations (OTN) within the Department of Foreign Affairs and Trade (DFAT) is responsible for the overall coordination of Australia's engagement with the WTO and in WIPO. Within OTN, the International Intellectual Property Section (IPS) has particular responsibility for intellectual property issues. Please contact us for any further information.

WTO and TRIPS

The World Trade Organization was established in 1995 at the conclusion of the Uruguay Round of multilateral trade negotiations, building on the earlier General Agreement on Tariffs and Trade system. The WTO, under the direction of its Member economies, administers a wide-ranging system of rules for international trade, aimed at liberalising and expanding trade under agreed and enforceable rules for reciprocal benefit. This system has led to significant benefits for Australian exporters, yielding improved market access and lower tariffs in many sectors.The Agreement on Trade-Related Aspects of Intellectual Property Rights [PDF] (TRIPS) is one of the set of agreements making up the integrated WTO system of trade rules.

What does TRIPS do?

TRIPS is intended to maximise the contribution of intellectual property systems to economic growth through trade and investment by:

establishing minimum standards for intellectual property rights protection in the national systems of WTO members prescribing agreed elements of an effective mechanism for administration and enforcement of intellectual property rights creating a transparency mechanism - each WTO member is required to provide details of their national intellectual property laws and systems, and to answer questions about their intellectual property systems creating a predictable, rules-based system for the settlement of disputes about trade-related intellectual property issues between WTO members allowing for mechanisms that ensure that national intellectual property systems support widely accepted public policy objectives, such as stamping out unfair competition, facilitating transfer of technology, and promoting environmental protection

TRIPS and WTO dispute settlement

TRIPS established a binding, transparent and rules based dispute settlement mechanism. The WTO Understanding on the Rules and Procedures Governing the Settlement of Disputes enforces the

commitments made by WTO Members under TRIPS. The availability of a binding dispute settlement mechanism to enforce obligations under TRIPS helps to ensure that Australian exporters can continue to expand and diversify trading opportunities in intellectual property and value-added products. DFAT's WTO Trade Law Branch has responsibility for managing and advising on all WTO Disputes. See also general information on Australia's involvement more generally in WTO disputes.

World Intellectual Property Organization (WIPO)

The World Intellectual Property Organization is a specialised agency of the United Nations. It aims to create a balanced international intellectual property system that encourages economic development and innovation. WIPO was established in 1967 with the mandate of promoting the protection of intellectual property worldwide through cooperation among states and international organisations. The current Director General of WIPO is an Australian, Francis Gurry.

Asia Pacific Economic Cooperation Forum (APEC)

The APEC Intellectual Property Experts' Group (IPEG), formed in 1995 under the auspices of APEC's Committee for Trade and Investment, plays a valuable supporting role in promoting efficient, TRIPSconsistent intellectual property protection among our APEC trading partners. Part of the TRIPS package is an undertaking by member economies to provide technical assistance for the implementation of TRIPS. Australia has supported the development of TRIPS-consistent intellectual property systems in developing countries in our region.

About SAFTA
The Singapore-Australia Free Trade Agreement (SAFTA) is a central pillar of the economic relationship with Singapore, Australia's largest trade and investment partner in South-East Asia. In addition to tariff elimination, the Agreement improves increased market access for Australian exporters of services, particularly education, environmental, telecommunications, and professional services. It also provides a more open and predictable business environment across a range of areas, including competition policy, government procurement, intellectual property, e-commerce, customs procedures and business travel. SAFTA entered into force on 28 July 2003. It was Australia's first bilateral free trade agreement since the Closer Economic Relations Trade Agreement with New Zealand came into force in 1983.

Key interests and benefits

Elimination of all tariffs from entry into force. Restrictions on the number of wholesale banking licenses to be eased over time and More certain, and enhanced operating environment for financial services suppliers. Conditions eased on establishment of joint ventures involving Australian law firms and number of Australian law degrees recognised in Singapore doubled from four to eight.

Removal/easing of residency requirements for Australian professionals and short-term entry for Australian business people extended from one month to three months. Agreement to facilitate paperless trading in order to reduce business transaction costs.

011 Amendments to the Singapore-Australia FTA

Singapore and Australia have completed the second review of the Singapore-Australia Free Trade Agreement (SAFTA). The amendments entered into force on 2 September 2011. The second review amended Chapters 8, 10, and 13 as well as Annexes 3A, 4-I(A), 4-II(A), 4-I(B) and 4II(B). Key changes include:

Singapore and Australia to accord investors from each country fair and equitable treatment when investing in the other country; prohibition of performance requirements; and amendments to reflect changes to legislation in Australia (the Copyright Amendment Act 2006) and Singapore resulting from each countrys bilateral FTA with the United States.

2009
The second ministerial review of SAFTA was concluded on 27 July 2009 in Singapore. Amendments arising from the review are expected to come into effect in 2011.

2004
SAFTA contains specific review provisions. The first ministerial review of SAFTA was held in Sydney on 14 July 2004.

2003
On 17 February 2003, the Singapore-Australia Free Trade Agreement (SAFTA) was signed. The final agreement was subject to parliamentary consultation processes, and entered into force on 28 July 2003 following an exchange of diplomatic notes.

2002
SAFTA negotiations were launched following an announcement by both countries at the APEC Leaders' Meeting in November 2000. Ten full rounds of negotiations were held between April 2001 and October 2002.