September 5, 2021 Members Updates admin

International Contracts of Sale and Incoterms 2020 Online Course–October

The Export Council of Australia (ECA) has developed a series of online courses for companies wanting to understand export documentation requirements and/or gain assistance in training their team in processing documentation correctly and efficiently.

There are three workshops available – click links below for further details on each workshop. Link below to register for all three and save $150!

International Contracts of Sale & Incoterms 2020 – 11 October. Register here
Export Documentation and Procedures Plus Costing for Export Online Course – 13 October. Register here
International Payment Documentation and Risk Management Online Course – 14 October. Register here

Event Details

Seating Available: Open booking
Start Date: 11 October 2021
Time: 9am – 11.30am
Location: The link to the online event to be provided by the event organiser
RSVP: 10 October 2021
Price: $275
This event requires payment by the event organisers.

Course topics include:

International Contracts of Sale – outlining the importance of contracts, what types of contracs are available, plus the range of issues to take into account when considering the relevant roles and responsibilities in any contract of sale. Contract of sale examples will be provided so learners can review and ask questions relevant to their business.
Incoterms 2020 – Our specialist trainer will also review the newly released Incoterms 2020 and explain exactly what they are, the rules surrounding them and the importance of using them correctly.
Revision – During the course, companies will also have an opportunity to bring their own documentation along. There will be time allocated to go through your documentation with our documentation expert!
Guest speaker – We’re inviting an international trade lawyer to the session. They will also be discussing the above topics, sharing best practice and answering all those questions you’ll bring along that are relevant to your business.

All the participants will receive:

Complete course booklet, including examples of documentation (soft copy)
Certificate of completion

Who should attend:

This practical course is tailored specifically to companies wanting to upskill their team in export documentation requirements.
Attendees will gain hands-on experience in preparing export documentation.

Course presenter: Nick Alford

Nick is the Principal of Labyrinth Maven – “Defining, Designing, Connecting & Delivering the future for organisations” – with over 30 years’ experience in mergers and acquisitions; strategic planning and execution; logistics; mentoring, coaching, facilitation; curricula development; international business assistance; systems development; and training and assessment.

After studying Economics Nick began working as a geoscientist in the mineral exploration industry where he gained a diverse and valuable range of business experiences. From geophysics through to manufacturing, retail and wholesaling, and to professional services industries, Nick has cultivated a career in management, working his way through the sales and operations areas of a variety of small and large organisations.

His roles included complex data analysis and systems development, warehouse distribution systems and facilities development, training and management of operations, import and export development. This hands-on operational management experience is the key to Nick’s understandings of the productivity and growth issues facing organisations seeking international competitiveness today.

Specialties include international trade development and assistance; organisational restructuring and review; mentoring and coaching senior executives; leadership development; business intelligence; facilitation; scenario planning and delivery; capability vs capacity identification; and local and international market Identification.

BOOK ALL THREE

For more information contact: richelleward@export.org.au

August 30, 2021 News & Events admin

Featured member: Flavourtech

Flavourtech is a privately owned company, established in 1985 and based in the town of Griffith NSW. They design, manufacture, service and support specialised processing equipment for the food, beverage (coffee, tea, wine & beer), dairy, flavour and pharmaceutical industries worldwide. Over 90% of their products are exported and they have installed equipment in over 60 countries.

The unique technology and innovative applications that Flavourtech has developed allows it to process these products in a very gentle manner through the use of steam alone, and without the use of any chemicals or solvents. Their core technology, Spinning Cone Column (SCC) is considered best in class for flavour capture in the tea, coffee and flavour industry and is used by market leading companies in these industries world wide.

Flavourtech has grown by customising solutions to fit the specific requirements of customers in different regions across the world which allows them to differentiate their products against their competitors. Flavourtech has implemented global best practices in its design and manufacturing processes, as well as adapt its sales & marketing strategies to each of the regions it competes in. As a consequence, Flavourtech has become a more creative, flexible and culturally-aware company as it competes across many different industries in various regions.

Flavourtech were pioneers in the zero alcohol trend having installed their first SCC in the wine industry in the late 1980’s. Many more followed with installations in the USA, Spain, Portugal, South Africa over the late 1990’s. Installations for zero alcohol beer were also achieved in the early 2000’s. The development of the Resin Adsorption Column in 2018 is to meet the requirement of achieving <0.05% alcoholic products. Zero alcohol products processed through the Spinning Cone Column can be found around the world.

In the mid 90’s Flavourtech combined their SCC and Centritherm technologies into a ‘total solution’ creating the Integrated Extraction System (IES) tailored to meet the individual needs of beverage customers. It also developed revolutionary new technologies such as the Rotating Disc Column (RDC)in 2015 that extracts coffee in a fraction of the time of conventional techniques while improving quality.

A major milestone was achieved in 2018 with the sale and subsequent installation of a full IES process line, including the RDC, into the soluble coffee industry in Colombia and India. This multi-million dollar process line allows Flavourtech to not just be a small part in someone else’s process line but to supply the entire process line itself. This achieves a “Customer for Life” with service and support supplied by Flavourtech for many years into the future securing ongoing export business and further building the relationship with customers.

Much of the canned coffee in Japan, iced tea in the USA and instant coffee just about anywhere in the world has likely passed through a Flavourtech technology. The majority of Flavour houses around the world also use the Spinning Cone Column to capture natural aromas from fruit, vegetables, tea and coffee.

Flavourtech were National Manufacturing category winners of the 2018 Export Council Awards. They were also NSW winner of the 2020 Premier’s Export Council’s Resilience Awards.

Flavourtech joined the ECA to ensure it stayed up to date with all news regarding export, export markets, FTA’s, Incoterms and freight. The ECA has experts in all areas that assist Flavourtech in their decision making when questions arise.

The Pandemic has changed the way Flavourtech conducts their business. Pre pandemic half the Flavourtech team travelled for sales and technical meetings, installations, commissioning and maintenance of equipment. The way of the future has been accepted by Flavourtech staff and now all meetings are conducted virtually. This has been extended by the maintenance, installation and commissioning teams that now through the use of technology such as Augmented Reality glasses can see and hear as if they were standing in front of the equipment on the other side of the world.

The early adoption of using technology to conduct their business and clear and open communication with their customers sees 2021 being a stellar year for Flavourtech with sales from a variety of countries that include India, Scotland, USA, Spain, China, Japan, Brazil and Vietnam. Like all companies Flavourtech hopes to be able to once again travel for face to face meetings and installations but for the time being Flavourtech is staying on top of their game with their multi talented, expert team.

August 6, 2021 News & Events admin

ECA launch the inaugural African Women Trading Globally initiative

The Export Council of Australia is delighted to welcome 26 women entrepreneurs participating in the inaugural African Women Trading Globally initiative. We were pleased to have Australian Ambassador in Harare, Ms Bronte Moules, join us to officially open the event.

List of 2021 African Women Trading Globally Participants

In alphabetical order

Participant Name	Company	Industry	Country
Abena Amponsaa Asante Asare	The Prim-Shop	Food & beverage/ agriculture	Ghana
Blanche Djetouan	Kmarles	Food & beverage/ agriculture	Cote d’Ivoire
Brenda Brewer	Brewer & Moore Produce Inc	Food & beverage/ agriculture	Liberia
Effie Kamwendo	Ndamo enterprise	Food & beverage/ agriculture	Malawi
Evelyn Chima	Chaje Investments Limited	Food & beverage/ agriculture	Malawi
Jane-Frances Ekeng	Freshscents	Food & beverage/ agriculture	Nigeria
Joana Aba Kutubebi	Dreamworld Studio (SkyDroners Digital)	Commercial drone services	Ghana
Karen Nyenga	Industry Girls Network	Entrepreneurship/ artisanal business	Zimbabwe
Lydia Achel	Buraan Prime Ventures	Food & beverage/ agriculture	Ghana
Mabel Seglah	Zion farms and Groceries	Food & beverage/ agriculture	Ghana
Mabel Suglo	Dignified Wear Company Ltd	Fashion, accessories and homewares	Ghana
Margret Kawalewale	Agro-Input Suppliers Ltd	Agriculture inputs	Malawi
Mary Barton	Odikwa Investments CC	Geoscience consultancy and advisory	Namibia
Mpontšeng Lydia Pama Letsoela	VEL AgriHub Limited REG.	Food & beverage/ agriculture	Lesotho
Muchineripi Sisonke Harry	Polka Dot Closet	Fashion, accessories, and homewares	Botswana
Naa Oyoe Sackey	Alyfam Foods	Food & beverage/ agriculture	Ghana
Nardeen Mounir	Arzaq	Fashion, accessories, and homewares	Egypt
Oluwaseun Sangoleye	Baby Grubz Nigeria	Food & beverage/ agriculture	Nigeria
Preeah Ramkissoon	Imiloa	Fashion, accessories, and homewares	Mauritius
Samrawit Tarekegn Shiferawu	Mogzit In-home Care	Technology services	Ethiopia
Sanelisiswe Dube	Lec Biotec	Medical equipment	Zimbabwe
Sara Aziz Hakim Morgan	Safe Kids Egypt	Psychosocial services in the field of child protection	Egypt
Shalonee Gunness	Shaco Consulting	Marketing and Psychosocial services in the field of child protection design services	Mauritius
Uma Vyapuri	Techfindr	Filiasan Company Limited	Mauritius
Yvonne Marfoa Anokwa	Filiasan Company Limited	Food & beverage/ agriculture	Ghana

The women represent a range of industries that span food and beverage, agriculture and inputs, fashion accessories and homewares, psychosocial services in the field of child protection, medical equipment and commercial business services and consultancy.

From June to September, the initiative will bring participants together for various training sessions focussed on trade topics, peer discussions and one-on-one coaching.

The sessions will facilitate a combination of peer-to-peer and theoretical learning, bringing in expert speakers from the Export Council of Australia, Facebook, UPS and Spruson & Ferguson.

The topics cover the fundamentals of export including market opportunity analysis, branding and e-commerce, intellectual property protection, border processes and logistics, and trade finance.

After these sessions, the initiative will culminate in a virtual trade mission which will bring together participants and key Australian business and industry stakeholders. The virtual trade mission will be an opportunity for all participants to develop their pitch, business storytelling, and Australian network.

If you would like to be involved in this initiative, including as a potential mentor, buyer, investor, or business partner, or to be connected with the entrepreneurs through the virtual trade mission, please contact Angela Wright.

August 3, 2021 News & Events admin

Featured member: Plus Hemp

Created by Natalie Moubarak, who is a mother of two and full time self employed. Natalie was lacking in vitamins and hydration. With such a busy lifestyle she was neglecting to take all of her vitamin tablets so she wanted an all in one beverage to not only have all the nutrients she needed but boost her hydration levels at the same time.

Natalie discovered the idea of using hemp as an ingredient as she has been a psoriasis suffer for over 20 years, there was no cure and only a few steroid creams on the market that only soothe the pain for a short while. She came up with a concoction mixing hemp and moisturising cream which relived her more than any other prescribed creams she was taking. From there she experimented putting hemp in her foods and protein shakes. She then teamed up with a pharmaceutical lab and scientifically formulated a life changing water known as +hemp.

Using hemp as a food ingredient has been only recently legalised in Australia as of November 2017, which makes our product one of Australia first hemp water on the market.

Plus Hemp Pty Ltd has been trying to export for the last 3 years, but as soon as they signed contracts with a South Korean distributor in January 2020, covid-19 hit and they had to change distributors. The first large shipment was in March 2021 which was a great achievement. There are many other overseas distributors that are interested in distributing the products, but logistics are proved to be challenging and very expensive.

July 28, 2021 Intellectual Property admin

Intellectual property barriers and enforcement overseas

Exporting products or services is a goal of many business owners. However, those that do export rarely ever speak of an incident-free journey to market. Some major incidents are the result of issues with intellectual property (IP), including with branding/trade marks, domain names, copyrighted images and written works, patented products and processes, and registered product designs. Therefore, it is important to conduct searches in the intended export market, and ensure your IP is protected and enforced.

IP Barriers to Marketplace Entry

Before using a trade mark, innovative technology or product design in a foreign country, it is recommended that searches be conducted to ascertain whether the trade mark, innovative technology or product design is, in fact, available for use (and registration) in that country. Searches of national IP databases should be conducted. With respect to trade marks, searches of trade marks used in the marketplace for which registration has not been sought should also be carried out.

It is possible that use of the trade mark, innovative technology or product design may infringe earlier patent or design rights belonging to a third party. Unauthorised use of a trade mark (including one that is deceptively/confusingly similar to a registered trade mark), patented invention or registered design may amount to infringement and render the user liable for costs.

Searching is a specialised task, and it is recommended that searches be carried out by competent searchers, and the results analysed by qualified patent or trade mark attorneys.

IP Enforcement

A solid first step to IP enforcement is to mark your goods/ processes/services with your registered IP rights – e.g. Patent Pending, Patent No, TM, ®, Registered Design. In this way, it will be harder for a third-party to claim that they were unknowingly infringing.

A second step is to monitor the marketplace for infringement and to act against infringers. If not, then it may be more difficult (if not impossible), and expensive to stop the infringement. Normally, letters of demand are sent to infringers, to ‘cease and desist’.

Failure to enforce your trade mark rights may result in other traders obtaining registration of the same or similar trade mark which may lead to your trade mark being unenforceable and/or there being a limitation on the recovery of costs for infringement.

Conclusion

IP laws vary from country to country and are constantly changing. There are many traps for the unwary, and valuable IP rights may be lost inadvertently. It is advisable to seek professional advice from a patent and trade mark attorney at an early stage. Please contact our IP experts at Spruson & Ferguson should you require any assistance.

This article is written by Gint Silins, Principal at Spruson & Ferguson.

May 27, 2021 News & Events admin

Join the ECA team! New position available

Here is an exciting opportunity to join the Export Council of Australia (ECA) as a full-time Membership Development and Events Manager (for an initial contract of 12-months).

We are looking for an all-rounder and self-starter, someone who has the right attitude, quick to learn, and relevant experience to become ECA’s Membership Development and Events Manager.

The successful candidate will use their membership development skills to identify and engage new members and sponsors, as well as enhance relationships with existing members and sponsors.

Another key aspect of this role is to plan, implement and manage State Export Awards programmes and ceremonies (in person or digital) to ensure they are delivered professionally, on time and in budget.

A strong alignment to ECA values combined with a passion for ECA’s vision and mission is critical.

The ECA supports a blended workplace policy. Hours of work are negotiable for the right candidate.

A day in the life of a Membership Development and Events Manager includes:

Identifying and establishing new business membership and corporate partnerships.
Effectively communicating ECA offerings and maintaining a consistent level of partner engagement and communication.
Actively monitoring and understanding individual business needs and responding effectively to their requirements.
Building and maintaining strong relationships with new and existing channel partners.
Organising events, such as the Export Awards. This includes orchestration of events, identifying and securing nominations and sponsorships, managing judging of the winners, preparing documentation and written material (such as case stories, media releases and correspondence). Working with the ECA Chair, CEO and ECA team to deliver the Awards ceremonies (in person or digital).
Determining and managing the Export Awards budget to maximise profit return for the programmes in consultation with the Chair/CEO, as advised.
Managing ongoing relationships with the ECA’s Export Awards partners. Effectively communicate with them and ensure the contractually agreed marketing/event activities are met.
Increasing Export Awards partnership revenue and ticket sales.
Collaborating with the graphic designer to deliver all creative material for the Export Awards.
Promoting events, based on a clear marketing plan.
Developing and executing other ECA events in collaboration with the ECA Divisions involved.
Monitoring industry best practices.

This position offers an excellent opportunity to gain invaluable experience. We are committed to ensuring working conditions are excellent with a positive team environment.

Required qualifications, skills & experience:

We allow work from home and the office. You will be working with and reporting directly to the CEO/Chair.

To be a successful in this role you will have the requisite background and abilities:

At least 5 years’ experience in a similar role (business development, membership, corporate events, communications or similar) with experience in the international trade & investment industry (essential).
Relevant Tertiary qualifications, i.e. Bachelor of Commerce, International Business, Marketing, Communications or similar (desirable).
Proven success in establishing relationships with senior executives and stakeholders, and work collaboratively with all sectors including government, business, academia and not-for-profit.
Demonstrate sound knowledge of partnership attraction and retention strategies and ability to convert prospects to partnership revenue.
Have strong computer skills (MS Office, Xero) and preferably have CRM management experience.
Strong written and oral communication skills, including confident presentation abilities.
Ability to communicate complex ideas and influence decision makers.
Keen interest and understanding of current and emerging trade issues would be an advantage.
Demonstrated innovative thinking and openness to change.

Personal attributes

Ability to achieve results within time constraints and conflicting priorities.

Ability to work methodically and with attention to detail.

Ability to work autonomously as well as in a team environment.

Strong communication skills and ability to liaise with all levels of management.

Ability to work remotely with little supervision working both autonomously and collaboratively.

Active listening skills, being adept at influencing, and motivated by achieving results.

Self-motivated, organised, and thrive on providing service and assistance to ensure optimum membership services.

Work well in a fast-paced environment and enjoy the challenges it brings.

How to apply:

Does this sound like you? Please email your CV and cover letter to info@export.org.au

Letter must be addressed to Ms. Dianne Tipping, Chair, Export Council of Australia and detail how your skills and experience align with this position. Closing date for all applications is 14th June, 2021.

Please note all personal information collected during the selection process will only be used for recruitment and employment purposes.

May 24, 2021 News & Events admin

Featured Member: Avanta Premium

Established in 2019, Avanta Premium is a NSW based, Australian owned and Australian made brand manufacturer of milk based products namely baby formula, proteins, supplements and more.

Their factory is based in Western region of NSW and all their ingredients are sourced from local farmers, making their products the only 100% Australian-made powdered formulas available to date with science and research also playing a fundamental role.

Their main export markets, are Asian and Middle Eastern countries, although they are open to explore new markets and any potential opportunties that may come up.

Like for many other exporters, Covid-19 has imposed them a major hurdle as the shipping costs have skyrocketed and despite all the challenges they’re still facing in 2021 they are well focused for the long run and they are confident there will be an increase in the demand of 100% Australian-made products.

With passion for improving quality nutrition during both early stages of life, as well as adulthood, Avanta’s main focus is to provide a series of premium products based on science and 100% Australian made.

May 11, 2021 News & Events admin

Care Essentials: From warming blankets to face masks and respirators

As Covid-19 wreaked havoc nationally and demand for safety equipment grew, Victoria’s regional medical device manufacturer Care Essentials pivoted its focus to produce a range of PPE products, surgical face masks and N95 respirators.

“Our decision to explore making PPE masks came because we kept receiving calls from hospitals, federal and state departments asking if we had capability to make masks,” said Abhay Sinha, Care Essentials Managing Director.

“Being the recipient of the Export Award from the Governor of Victoria and the Australian Export Award for Regional Exporter in 2019, gave us a lot of credibility as a reliable supplier of critical medical devices.

“We quickly realised it would be possible to produce the PPE masks because we already used non-woven fabric in manufacturing our medical products.”

The Geelong-based company was primarily known for its manufacture of patient warming blankets, specifically its Cocoon blankets, and warming machines used by hospitals globally for more than 20 years. The products help protect patients from hypothermia, infection and speed up recovery from surgical procedures. They are used by 60 per cent of Australian hospitals and exported to more than 50 countries, including the US, the UK, Germany, Italy, Japan, New Zealand and Canada.

Mr Sinha said the development of the Micro Pore system, used in their warm blankets to give a uniformly-distributed air flow, helped form the basis of their initial mask designs.

“With the help of our R&D team and consultation from various subject matter experts, we were able to achieve a design which provided a high level of fit test result. This is especially crucial for N95 masks, to provide a secure seal and protection to the wearer.”

While Victorian businesses were shutting down, the company remained open and functional because it was an essential service.

Two specialized machines were initially ordered in April to start perfecting designs and enable the manufacturing of surgical masks and N95 respirator masks.

“By June, we had several designs which were sent to different laboratories in Australia, the US and Spain for testing, quality assurance and to obtain all the required certifications,” said Mr Sinha.

With the products TGA registered and ISO 13485 certified, Care Essentials relocated to larger premises and production commenced.

Within a couple of months, a further six machines were purchased to increase production and 50 additional staff were hired from local auto businesses to operate the eight machines running continuously 24 hours a day, seven days a week.

“These additional machines allowed us to increase production of surgical grade masks, N95 respirators and add new products like bouffant caps, and non-slip shoe covers for healthcare workers. “This expansion also allowed us to use more local businesses for packaging and printing and engineers to help with maintaining the equipment.

“We even started to make ear savers which previously would have been only bought from China,” said Mr Sinha.

Care Essentials then secured a Victorian Government contract to high quality single-use face masks and N95 respirators for the community and healthcare workers across the state.

“Our staff were critical to our expansion, they helped keep us going. Without their determination and willingness to follow the strict COVID-19 measures we put in place, none of this would have been possible.

“Maintaining the safety and wellbeing of our staff was our priority. We sent non-essential staff to work from home, while factory staff were monitored with thermal scanners and wore face shields and masks despite being uncomfortable.”

Mr Sinha said key learnings working under COVID-19 restrictions was the importance of maintaining regular communication with clients and suppliers and how important video conferencing had become.

“Also, as a country, we need to be self-reliant and develop sovereign capability for critical products such as medical supplies and PPE.

“You have to stay positive, be bold, trust your instincts and have a go. Don’t rely on hearsay that it can’t be done, manufacturing in Australia is still possible,” said Mr Sinha.

May 7, 2021 News & Events admin

Understanding the changes to EMDG scheme

Featured member: Flavourtech

Flavourtech were National Manufacturing category winners of the 2018 Export Council Awards. They were also NSW winner of the 2020 Premier’s Export Council’s Resilience Awards.

May 6, 2021 News & Events admin

Exporters – Are You Giving Away Your Important Business Assets?

Exporters - Are You Giving Away Your Important Business Assets?

In my experience Australia is a ‘clever country’ and Australian businesses frequently produce highly innovative products and processes. However, I have often seen that business owners are sometimes too quick to dismiss their products and processes as not being innovative enough to warrant patent protection.

Business owners fail to understand that ‘next-generation’ products and processes, even minor improvements to their existing commercial products and processes, may be eligible for protection by way of an intellectual property (IP) right.

These misunderstandings can lead to businesses essentially ‘giving away’ their innovative products and processes, especially when it comes to exporting. This issue is briefly addressed in this article by way of short questions and answers.

1. Can I still protect my commercially available product or process?

Generally speaking, IP protection for the product or process must be sought prior to publicly disclosing the product or process. If too late, it may yet be possible to protect the product or process in some countries by way of a patent and/or design registration (known by various names in different countries). This possibility will depend on the country in which you are seeking protection, whether it is a product or process, the nature of the public disclosure, and the date of the earliest public disclosure.

Australia, New Zealand, the USA, and Canada, for example, provide a 12-month grace period against self-disclosure. This means that you may be able to obtain valid patent protection for your product or process, provided that you file a suitable patent application in each country of interest within 12 months of the date of earliest public disclosure.

2. What is the difference between a patent and a design registration? Can I do both?

A patent protects the inventive concept. Whether it is a process or a product, protection may be provided for something more than just the commercial form (embodiment) of the invention. A design registration, on the other hand, protects the appearance of a product (but not a process).

Although there are similarities between patent systems and design registration systems between different countries, there are also important differences. Australia, for example, provides a 20-year term standard patent for protecting novel (new) and ‘inventive’ products and processes, as well as an eight-year term innovation patent for protecting novel and ‘innovative’ products and processes. A product or process that does not qualify for a 20-year term standard patent may nevertheless qualify for an innovation patent. Some countries also offer dual patent protection systems, and some countries offer a design registration system (note that the Australian innovation patent is due to be phased-out later this year).

And yes, products can usually be protected by way of both patents and design registrations.

3. Can I protect my ‘next-generation’ product or process, even if it represents a minor improvement over my commercially available product or process?

As alluded to above, various countries differ with regards to what is protectable by way of patents and design registrations. For example, a ‘next-generation’ product which differs in appearance from the commercially available product may yet be registrable as a design and possibly also protectable by way of an innovation patent or equivalent utility model in some countries. For example, a ‘next-generation’ process which differs slightly from the commercially available process may yet be registrable by way of an innovation patent or equivalent system in other countries.

4. Can I delay filing for IP protection overseas?

In most cases the answer is yes. Australia as well as many other countries are party to the ‘Paris Convention’ (for the protection of IP). This means that you can file a patent application in Australia first, then delay filing in other ‘Convention’ countries up to 12 months later without penalty. That is, the ‘Convention’ filing in the foreign country will be entitled to a priority date established by your Australian filing. In practice this means that if a competitor copies your invention in any ‘Convention’ country after your Australian filing, then you have up to 12 months in which to file a ‘Convention’ application in that country in order to stop that competitor.

The same is true for design registrations, except the deadline for filing in ‘Convention’ countries is six months as opposed to 12 months.

5. Is there any point in filing for IP protection if I am not prepared to enforce it in a court of law?

My view is that if you have a commercially valuable product or process then there are advantages in filing for IP protection, regardless of whether you end up obtaining a valid patent or design registration, and regardless of whether you seek to enforce it in a court of law.

If IP protection is not sought, then the invention is open to copying. Markings such as ‘patent pending’, ‘patent granted’, ‘design applied for’ and ‘registered design’ can disincentivise competitors from copying your product or process. Pending or granted IP rights can be licensed or sold on a country by country basis. Pending or granted IP rights can help attract and secure commercial partners, such as distributors, agents and the like, with the promise of exclusive rights to the product or process. Pending or granted IP rights are also an effective marketing message.

Regardless of what stage you are at in your export journey, if there is a possibility that you are giving away your business assets, speak to an intellectual property attorney as a matter of priority.

This article is intended to provide general information only. The contents should not be relied upon as detailed legal advice for any specific case. Specific advice should be sought from your legal advisor.

This article is written by Gint Silins, Principal at Spruson & Ferguson

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