January 10, 2024 Intellectual Property

Taking your business and its intellectual property global

Taking your business and its intellectual property global

Embarking on the journey of exporting is exciting for any business owner looking to expand into global markets. Before entering your chosen market, it’s important to plan early, and develop a strategy to protect your intellectual property (IP) in international markets.

As part of your planning and IP strategy development you might consider if you need overseas IP protection. It’s important you understand the unique requirements of each country, the opportunities and risks involved when going global, and include these in your IP strategy.

Before you get started, consider the below points as you develop your strategy:

 

Plan and research

  • planning is an important first step in the process of applying for IP right protection. It’s essential to conduct thorough research on the markets you wish to enter, as this will provide valuable insights into the potential opportunities and challenges that may arise
  • within your plan, consider costs involved in seeking protection including registration fees, and the costs of defending your IP against infringement. This may be crucial for you as they will directly impact the number of countries you choose to apply for protection in
  • the application process can vary significantly from one country to another. It’s important to familiarise yourself with the specific requirements of each country you intend to trade in. This could mean applying directly to each country, or through a single filing with the World IP Organisation (WIPO) that can reach multiple countries simultaneously. The method you choose will largely depend on the type of IP right you are seeking to protect
  • take the time to plan and research. By doing so, you can ensure that you are well-prepared to navigate the complexities of the international landscape. IP Australia provides a wealth of resources to assist in this process, including links to both domestic and international search databases

 

Search

  • an integral part of your strategy is to conduct searches of databases as part of your strategy and before you apply. The primary reason for this is to ascertain whether your product, or something similar, already exists in the international market you wish to trade in. Conducting searches can help avoid potential legal complications or financial loss
  • conduct thorough searches for existing patents, trade marks, design rights or plant breeders’ rights. IP Australia provide access to both domestic and international search databases

 

Seek help

  • while the process of applying for IP rights overseas can be challenging, it can also be rewarding, and the good news is, you don’t have to do it alone. There is support available to assist you. Leveraging available resources will help you navigate this process with confidence to secure the protection you need for your IP.
  • IP Australia has a wealth of information and valuable resources to support you as you research and plan. This can include guidance on how to choose a professional, what to expect from the process and how to ensure that your interests are adequately protected.

 

The application process

  • when planning to apply for IP rights overseas it’s fundamental that you understand that each country offers varying levels of registered IP protection and many different applications requirements for each country, and compared to Australia
  • IP Australia has information about each of the registered IP rights and the application process for applying for protection overseas:

 

Manage to maintain your IP protection

  • managing your IP is a critical aspect of any business strategy, particularly when planning to export. It’s essential to understand the rules, time limits and potential risks if the correct steps are not followed. Each country has its own rules and well-defined timelines for IP applications and renewals, so it’s essential to have a system in place to track these deadlines and ensure that all necessary actions are taken in a timely manner
  • the enforcement of your IP rights in each country where you plan to register is your responsibility. This means you’ll need to be proactive in identifying and addressing potential infringements. Your IP strategy should include provisions for this, outlining the steps you will take to protect your rights and the resources you will allocate to this task
  • managing your IP is not a one-time task but an ongoing process that requires careful planning and proactive monitoring, and action. By incorporating IP management into your overall strategy, you can ensure that your IP assets are effectively protected as you expand into new markets.

To find out more about taking your business global and safeguarding its IP, visit the IP Australia website.

October 9, 2023 Intellectual Property

Getting started: Protecting your intellectual property

Getting started: Protecting your intellectual property.

Whether you’re a start-up or an established business, you might wonder if you have any intellectual property (IP), and if it needs to be protected. Identifying your own IP and finding out the best way to deter copycats and maintain brand integrity is a great first step towards discovering how IP right protection can support your business.

 

Where do I start?

You can start by considering how you would answer the following questions:

  • What are my key products or services that set my business apart from competitors? This may include a brand, logo, invention, design, artistic work, or new plant variety and each of these can be protected with registered IP rights.
  • What legal rights can I have for my products or services? There are four IP rights you can register with IP Australia to protect your products or services — trade marks, patents, design rights and plant breeder’s rights. To maximise your competitive advantage, you may need to protect your idea with multiple types of IP rights.
  • Does having registered IP right protection improve my place in the market? Your customers come to expect a certain level of quality and service from you and your brand, allowing you to establish and build your brand presence and reputation in the market. Not having a registered IP right leaves room for other businesses to copy you and confuse customers – misleading them into thinking they are you. Registering your IP gives you exclusivity in chosen markets, providing a legal defence pathway to prevent others from imitating you or producing and selling your product without having agreements it place.Registered IP right protection can provide many advantages as you plan for business growth. So, think about how you intend to use and commercialise your IP to give you your competitive advantage. Also identify your potential markets and consider licensing or franchising to generate revenue for your business.

Having answers to these questions will help you with identifying and placing value on your IP, so you can decide if registering an IP right is right for your business.

Determining whether to pursue IP protection is not a ‘one size fits all’ approach. You should carefully evaluate each of these factors for your business when deciding how to protect your IP. It may seem a daunting process, but the protection and commercialisation of IP should be an integral part of your business’ strategy.

IP rights can be vital in securing revenue streams and building consumer and investor confidence in your products or services, particularly for a start-up business. IP rights provide a solid foundation for a business to innovate and grow. Ultimately, seeking the right advice and guidance in understanding the strategic value of IP is critical to building a successful business.

 

Where can I find out more?

You can find out if your idea is eligible for IP protection and determine what kind of IP rights you need with IP Australia’s online business resources. Visit IP Australia’s website to learn more about the importance of protecting your assets early and planning for business growth.

 

Need help?

If you need some help or advice, IP professionals can assist you along your IP journey, see more on our website.

January 11, 2023 Intellectual Property

Registering your trade mark: A how-to guide for exporters

Registering your trade mark: A how-to guide for exporters

IP Australia’s Intellectual Property Report 2022 outlines how small and medium sized businesses benefit from intellectual property (IP) ownership. Before you export, consider registering your intellectual property (IP) for protection in Australia as well as the countries you intend to trade in.

You could start by registering a trade mark. A trade mark protects your brand and distinguishes your products or services from your competition in the market. Trade mark registration lasts for ten years from the filing date, and can be renewed indefinitely.

IP Australia estimates that of the total 2.3 million registered Australian small businesses, less than 2% currently have a registered trade mark (around 28,000). This percentage is even lower for small to medium sized businesses exporting to other countries, with Australian residents filing a total of 20,452 trade mark applications abroad in 2020.

Interested in applying? Here is a step-by-step guide for registering your trade mark.

 

Step 1: Learn more about trade marks and decide if yours is eligible for registration

IP can be a very valuable asset for your business and should be protected to stop others using it both domestically and internationally. The most common types of trade marks are brand names, logos or a distinctive phrase.

A registered trade mark gives you the ability to:

  • maintain the exclusive rights to use the mark on select goods and services
  • license others to use your registered trade mark
  • sell your registered trade mark as a business asset
  • Use the (R) symbol with your trade mark.

 

Step 2: Conduct a check to make sure your trade mark isn’t already registered by someone else

TM Checker is a free trade mark tool created by IP Australia to make it easier for businesses to check trade mark availability in Australia. The tool will give you an idea if there are already trade marks that might be similar to your brand or name in the proposed classes of good and services – from there it’s a simple process to complete the application to register a text or logo trade mark.

More information on international trade marks is at step 3.

You may also want to check availability of the business name and domain name at this step. Whether you’re a sole trader, a company or a trust, business.gov.au provides a Help me decide tool to guide on the registrations you might need.

 

Step 3: Choose relevant goods and services

Your business may be providing goods, services or both. Trade marks only protect your name, brand or logo for the specific goods and/or services selected when you apply. That’s why your trade mark application must list the goods and services that the trade mark will be used in relation to.

Trade marks ‘classes’ refer to the groups of goods and services available for registering your trade mark. Fees are generally charged per class, and for the same price you can choose as many goods or services within a particular class as you need.

 

Step 4: File the application

a) Applying for an Australian registered trade mark

Applying for a registered trade mark in Australia takes approximately 15 minutes and starts at $250 for a standard application through the IP Australia website, or from $330 if you use IP Australia’s TM Headstart service or the TM Checker Tool.

To apply for a registered trade mark in Australia you must reside (or have an agent that resides) in Australia or New Zealand and intend to use the trade mark for the goods and/or services in your application.

IP rights granted in Australia do not provide protection in other countries. To protect IP in other countries, Australian applicants must file trade mark applications abroad in those countries.

There are different ways you can file a trade mark, depending on the countries you wish to do business in.

b) Applying for International registered trade marks

Trade mark applicants can obtain and maintain protection for their marks in multiple countries by filing a single international registration via the Madrid System. The Madrid System allows you to file a single trade mark application to apply for protection in up to 129 countries.

Before you can apply via the Madrid System, you’ll need a trade mark application or registration in Australia. You can learn more about the Madrid System, and apply, through the World Intellectual Property Organisation website here.

You can also apply directly with foreign intellectual property offices. In 2021, 47% of the Australian applications made abroad were filed directly with overseas offices. The most popular destinations for these filings include:

 

About IP Australia

IP Australia is the Australian Government agency that administers intellectual property (IP) rights and legislation relating to patents, trade marks, designs and plant breeder’s rights. IP Australia has a wealth of IP related data dating back to the inception of the patent office in 1904. To find out more about IP Australia visit https://ipaustralia.gov.au

August 11, 2022 Intellectual Property

eBook launch: Resilience and Ingenuity: Global Innovation Responses to Covid-19

eBook launch: Resilience and Ingenuity: Global Innovation Responses to Covid-19

How did the innovation system respond to COVID-19? The latest publication from the Centre for Economic Policy Research looks at what happened. The ebook, written in collaboration with the EPO, the USPTO and WIPO, explores how sectors in the innovation ecosystem adjusted.

COVID-19 has caused substantial losses to public health and prompted major economic changes worldwide. The decline in global GDP in 2020 turned out to be the biggest annual decline since WWII (Gopinath 2021, IMF 2021).

Previous crises have shown that innovators, despite their long-term focus, are not immune to short-term disruptions. At the same time, crises can also be a catalyst for innovation, as they alter societies’ immediate and future technological needs.

Our economics team were pleased to contribute a Chapter analysing the growth of innovative activities and IP applications through the COVID-19 shock. Chapter 10 focuses on IP assets used to store and trade value during times of uncertainty, showing how record trade mark applications reflected waves of entrepreneurship in Australia.

It is evident that entrepreneurship in digital and health related technologies is fast growing across countries, fostered by the rapid adoption of new tools, systems and devices by scientists and creative professionals.

It is great to see how this book validates the findings of our 2022 IP Report and places Australia’s story in the global picture. It confirms that the growth in innovation and IP activity across the Australian IP landscape reflects broader patterns of resilience and change within the global economy.

Download the full book here
April 28, 2022 Members' stories, News & Events

Efforts to streamline trade processes must be redoubled to meet changing global challenges

Efforts to streamline trade processes must be redoubled to meet changing global challenges

The Australian government has strengthened its commitment to streamlining trade with the recent Federal Budget announcement committing a further $267 million to the Simplified Trade System.

The quantum of Australian exports is large and growing. But it hides the on-the-ground reality of Australia’s 57,000 exporters. For many of them, the experience of exporting is often daunting.

At present, the regulations that impact cross-border goods are administered by a multitude of Commonwealth government agencies. Consequently, exporters have to meet a multitude of requirements, including the same trade data from different agencies.

Our exporting counterparts across the OECD take an average of just four hours to complete documentations for a trade transaction, while Australian exporters slog away for seven.

The World Bank reports that we also face much higher compliance costs. Here in Australia, it costs $354 (2019) to prepare a set of shipping documents, 86% higher than the costs of our OECD counterparts.

We back ourselves to take on the world, but we’re ranked 106th when it comes to getting our goods across Australia’s borders.

This year’s budget announcements suggest an amplification of efforts to create a seamless, efficient modern trade system. This digitalisation can bring Australian trade up to the standards already enjoyed by exporters in hundreds of other countries.

NZIER, a well-respected economic think-tank, suggests that digitalisation of cross-border trade compliance has the potential to fundamentally change how trade is conducted. They estimate that the benefits for economies in the Asia-Pacific region would be between US$8–17 billion over ten years.

Digital trade facilitation is predicted to offer the following benefits:

  • Productivity gains – These include ‘one off’ productivity gains from moving away from paper-based systems, ongoing benefits as resources shift from skilled labour-intensive paper systems to more productive activities, and improved ability to innovate.
  • Connectivity gains – Increased ability to trade as barriers are broken down, allowing more trade in old products in old markets, old products in new markets, and new products in new markets.
  • Predictive gains – Digital trade generates a large amount of new product-specific data at a low cost, which can be used to predict product-specific demand and fluctuation in demand, greatly increasing the ability of suppliers to anticipate demand.
  • Visibility and transparency gains – All permissioned parties within the value chain can access one single set of documents (data). This avoids confusion on what trade terms parties agreed upon and clarifies the obligations of each of the parties.
  • Inclusiveness gains – By making it easier to trade, trade barriers are reduced especially for Micro, Small and Medium-sized Enterprises (MSMEs). This allows more MSMEs to be involved in trade and share in the potential benefits relative to trading exclusively on the domestic market. It may also improve perceptions of trade more generally.

The prospects for Australia having a ‘tell us once’ trade system is extremely encouraging. There are existing technologies out there that can turn this into reality.

TradeWindow, a software company working with 400 leading exporters and freight forwarders in Australasia, has made significant gains in connecting the commercial, logistics, finance and government data silos present in all global supply chains…

The TradeWindow Cube platform has allowed interoperability between the software platforms used by port authorities, ocean carriers, banks, insurance companies and border agencies.

This takes exporters a step closer to realising the vision of end-to-end digital trade facilitation where all parties across the supply chain can work from a single source of truth.

TradeWindow is part of a new generation of solutions, backed by blockchain. It delivers ‘trust’ between parties through a highly secure, encrypted digital platform. This enables trade parties to share data because it is interoperable with other computer systems across the trade ecosystem.  Sharing data from source reduces duplication of effort, minimises errors, streamlines compliance, supports product provenance and accelerates trade.

TradeWindow believes that new technology is only part of the equation to deliver the ‘joined up’ solutions envisaged by the Simplified Trade Taskforce. The company’s Chief Executive Officer AJ Smith says we also need ongoing change management.

“Our trade and logistics sectors are often too busy with the task at hand to investigate ways improve or speed up their processes. Many players remain hooked on legacy systems and a mixed bag of spreadsheets and emails. So, in this regard, it’s also pleasing to see the Federal Government invest in programmes supporting digital literacy and uptake in Australia’s SME segment,” Mr Smith says.

Recent trade agreements include high-level provisions to enable digital trade. However, these provisions often leave the question of ‘how’ this will occur. Two obvious ‘work on’ areas are the need to harmonise data standards between trading nations and the urgent need for the Australian government to adopt two further tenets of the UN Model law underpinning future paperless trade.

Like many other APEC economies, Australia has ratified the model law for Electronic Commerce but has yet to do so for Electronic Signatures and Electronic Transferable Records. This is the trade equivalent of running a marathon with your shoelaces tied together.

Recent events such as Covid 19, geopolitical tensions and conflict in Ukraine have revealed a world where we can no longer take stability and prosperity for granted. Australia needs to find new ways to protect and extend its strategic advantages. Bold steps to simplify the trade system will not just make life better for Australia’s 57,000 exporters, and 380,000 importers – it will enhance Australia’s international competitiveness and help meet gaps in global demand.

About TradeWindow

TradeWindow is an NZX-listed software company that provides digital solutions for exporters, importers, freight forwarders, and customs brokers to drive productivity, increase connectivity, and enhance visibility. TradeWindow’s software solutions integrate to form a cohesive digital trade platform that enables customers to more efficiently run their back-end operations, share information and securely collaborate with a global supply chain made up of customers, ports, terminals, shipping lines, banks, insurance companies, and government authorities.

www.tradewindow.io

January 20, 2022 Members' stories, News & Events

A Sydney Start-Up’s journey to global markets

A Sydney Start-Up’s journey to global markets

A homegrown Sydney SME has taken a popular lifestyle brand from local street market beginnings to retail across international markets.

From humble beginnings at an artisanal street market in 2005, Papinelle – an ethically driven Sydney sleepwear start-up – is now a popular fashion and lifestyle brand in Australia and beyond. Founder and CEO Renae James started Papinelle straight out of university at the Paddington Markets in Sydney.

“I specialised in print design and received amazing feedback early on,” shares Renae. “Two years later I opened the Papinelle store on Oxford Street in Sydney where it still proudly stands.”

Dare to dream

Following a successful decade-long journey building the brand in Australia with a series of floral feminine sleepwear, Papinelle decided to test the waters in the U.S. in 2015. Renae noticed that the demand from that market was unexpectedly strong.

“We saw a positive response from new international markets. There was an incredible appetite for loungewear and sleepwear that was not only ethically-produced, but also comfortable and fashionable,” said Renae.

This led Papinelle to open a dedicated Direct to Customer (D2C) website for the U.S.  Selecting a reliable logistics partner is one of the most important decisions an SME has to make –  a vital part of the business’ success.  Papinelle selected FedEx as we were one of the most recognizable household names in that market.

Renae notes that business owners expanding internationally face a new set of rewards and challenges. This is especially true as the logistics landscape becomes increasingly complex, and businesses must find shipping solutions that meet time and safety expectations of international customers – who want to receive their orders quickly and without disruption.

“Papinelle was able to penetrate the U.S. market thanks to the FedEx network, which has particularly strong reach in North America. The ability to deliver to  all zip codes in the U.S. means FedEx can ensure Papinelle’s customers receive their packages in the least amount of time,” said Renae.

Loungewear is the new workwear

Adding to the brand’s success more recently, the global shift to remote work across many industries acted as a tailwind for Papinelle, bringing with it a large opportunity for further growth domestically and globally.

Loungewear sales have grown multi-fold since 2020. In 2021, the global loungewear market is estimated to generate 37.7 billion U.S. dollars in retail sales.

With a global surge in demand for loungewear that is both fashionable and comfortable, Papinelle continues to rely on FedEx to ensure its customers receive their orders seamlessly and efficiently.

Dreams do come true

During the early stages of entering new markets, undisrupted cross border reach is crucial for growing businesses. The extensive network FedEx has helps Papinelle maintain business continuity and achieve seamless delivery experiences across its brick and mortar and online stores.

According to Renae, maintaining desirable customer experience while managing increasing volumes is an important consideration for small business owners operating across international markets.

“Customers expect a better experience than ever when shopping with you, including after they have gone through checkout. The delivery is as much a part of the customer’s experience of your brand, as your digital platforms and shipping options are,” said Renae.

Renae said that access to FedEx® Delivery Manager  has allowed her to focus on running her business, leaving the logistics management to FedEx.

“I’ve found that FedEx® Delivery Manager offers two crucial advantages to our customers: proactive tracking and flexible delivery options,” said Renae. “My customers find it convenient to change their delivery address or specify a new delivery timeframe. They are happy about the visibility they have on their eagerly awaited packages from Papinelle. Overall, this leads to a good customer experience and gives our buyers more reasons to order again from us.”

Renae also notes that another potentially overwhelming aspect of international logistics is complex paperwork.

“We use FedEx® Electronic Trade Documents  which makes completing paperwork for shipping easy. It helps us easily upload our trade documents for clearance and also helps reduce printed copies. We’ve found that it has helped reduce backlogs and costs,” said Renae.

“Our logistics partnership with FedEx has really delivered value for our business and helped us ensure the best experience for our customers, end-to-end.”

As an ally for small and medium businesses, we remain committed to the growth of SMEs.  Enabling SMEs to compete and win in the dynamic e-commerce marketplace is crucial.  Delivering tailored solutions is part of helping small businesses thrive in an ever-changing world. For more information on these solutions, visit our e-commerce page here.

FedEx Express is one of the world’s largest express transportation companies, providing fast and reliable delivery to more than 220 countries and territories. FedEx is committed to connecting people and possibilities around the world responsibly and resourcefully, with a goal to achieve carbon-neutral operations by 2040. To learn more, please visit https://www.fedex.com/en-au/about.html

 

 

December 13, 2021 Members' stories, News & Events

Visdon: Finding success during a global pandemic

Visdon: Finding success during a global pandemic

About Visdon

Founded in 2018, Visdon provides brain health supplements that are authentic, natural and made in Australia. Their journey started when a group of passionate researchers, pharmacists and health professionals, united in Sydney with a common cause to provide natural supplements to improve cognitive function and boost memory.

Since their formation, Visdon’s growth as a company has been rapid and aligned with an increasingly growing demand for brain support products globally. After starting out as a single warehouse in Sydney, the company has now expanded to Melbourne and Hong Kong, with a fully fledged Marketing and Sales team headquartered in Shanghai, China.

Furthermore, they have partnered with multiple countries for R&D, ensuring the production of world-class products whilst maintaining the highest consumer safety criteria. It is part of the company’s vision to increasingly invest in research and clinical trials for the development of brain health products that benefit humanity.

One of the company’s core values is to support the local Australian economy and help promote Australian-made products on a global level. As a result, Visdon has purposely partnered with manufacturers and researchers that are based in Australia.

Export focus and product distribution

Visdon’s products, such as Rebrain, are primarily focused towards middle aged and senior consumers, although new products are currently in development to also support brain health for pregnant women, adolescents and children.

Visdon has partnered with hundreds of distributors worldwide and has been featured on over 100 popular online platforms in China, such as JingDong (JD).

In Australia, Visdon enjoys broad coverage across major retail pharmacies and online eCommerce platforms. Their products are available in 68 local Australian pharmacies across NSW, VIC, SA, WA and QLD.

Visdon exports their products internationally with their core market focus on Mainland China, Taiwan and South Korea. Since the start of the 2021/2022 financial year, Visdon has exported over 20 different types of natural supplements to multiple overseas distributors. In addition, they are in the process of achieving market penetration in Malaysia and Vietnam.

Finding success during a global pandemic

With the outbreak of COVID-19 in 2020, it was a very challenging year for both businesses and consumers. The shutting of borders, pausing of international travel and the occurrence of multiple lockdowns, all contributed to an unprecedented disruption to normal life.

Despite these circumstances, Visdon overcame massive logistical and political challenges that impacted production, supply chain, and retail to successfully launch Rebrain, their flagship product in mid 2020.

The promotion and distribution hurdles brought upon by the pandemic were partly solved by an embracing of digital and eCommerce. As a result, the company partnered with distributors with a strong online presence and obtained listings on reputable eCommerce platforms.

The results have been satisfying for the company with sales revenue growing steadily since Rebrain was launched, corresponding with a target audience that is increasingly becoming more educated and aware of the importance of brain health and preventing the decline of cognitive function and memory loss.

The reception for Visdon has been exceedingly positive and it has won the following prestigious accolades.

– Rebrain won the 2021 NutraIngredients-Asia Award for Product of the Year: Botanical  

– The company won the 2021 Stevie Award for International Business Award

– One of their co-founders, Lara Tang, won the 2021 Stevie Award for Women in Business

To learn more about Visdon, visit their website or follow them on Social (Facebook: VisdonAustralia, Instagram: @visdonaustralia).

December 7, 2021 News & Events

Reducing red tape for Australian services exporters

Reducing red tape for Australian services exporters

New rules agreed at the World Trade Organization (WTO) will reduce red tape and regulatory costs for Australian services exporters, making it easier for Australian businesses to export to the world.

Minister for Trade, Tourism and Investment Dan Tehan welcomed the agreement which comprises 67 WTO Members – including the 27 EU Member States – accounting for over 90% of global services trade.

“This is a real win for Australian services exporters. We have agreed to cut red tape by reducing complex and costly regulatory burdens in overseas markets,” Mr Tehan said.

“Services is the fastest growing and most dynamic sector in the Australian economy. The rules developed will help Australian services exporters address the practical challenges of operating in other markets.”

“Although a temporary setback, the postponement of the 12th WTO Ministerial Conference must steel our resolve and the conclusion of the Joint Statement Initiative on Services Domestic Regulation shows what can be achieved through dialogue and negotiation.

“Led by Australia, Costa Rica and the EU, the Initiative is the culmination of four years of hard work and is open to all WTO Members. I encourage those that are not yet participating to join.”

A joint OECD-WTO study calculated that implementation of these rules could generate annual trade cost savings in the range of USD 150 billion.

The Declaration on the Conclusion of Negotiations on Services Domestic Regulation adopted today is available here: www.wto.org.

THE HON DAN TEHAN MP
Minister for Trade, Tourism and Investment

1 2