Calculating international trade marks and the Madrid Protocol

If you want to trade overseas or sell to foreign customers via the internet you should consider seeking trade mark protection in the countries you plan to trade.

Your Australian trade mark is only valid in Australia. Which means it’s important to get protection in your key markets before you start exporting.

There are two ways you can seek trade mark protection overseas. You can file an application directly with each country, or you can file a single international application with us nominating the relevant Madrid Protocol countries in which protection is required. In most cases, this will depend on your budget and countries of interest.

You can work out roughly how much your international trade mark protection will cost by using our international fee calculator.

The Madrid Protocol is a treaty that provides international registration of trade marks. As an Australian trade mark owner you can seek trade mark protection in member countries of the Protocol, through a single international application in English. This can be simpler and less expensive than applying directly to each country.

When your international registration is granted in a chosen country, your trade mark will have the same protection as a national registration in that country.

Before you apply for an international trade mark it is important to search the databases of your chosen countries to identify trade marks that may be similar to yours, as this may cause a conflict.

Trade mark offices often provide free searchable records of existing trade marks on their websites. International Bureau (IB) records can be searched for free using the Madrid System (ROMARIN).

Find out more about what you need to do before you apply for an international trade mark.

If you are exporting and want more information on how to protect your IP visit IP Australia’s doing business overseas page. 

Jessica Huntley

IP Australia

www.ipaustralia.gov.au

IPONZ Freephone from Australia

The Intellectual Property Office of New Zealand (IPONZ) has established an Australian toll free number to access during New Zealand business hours.

IPONZ recognises the involvement of Australian based clients in applying for IP rights in New Zealand. They have now made contacting IPONZ from Australia as easy as possible.

Freephone from Australia: 1800 796 338
Available 8.30am - 5.00pm NZDST, Monday to Friday (except public holidays).

Visit IP Australia’s website for more information about IP protection in New Zealand.

Cyber police to get more powers to monitor our activity in Cyberspace

Cybercrime is a growing threat as we exchange more and more information online. Cybercrime has already overtaken the drug trade worldwide as the most profitable form of all crimes due to the opportunities that cybercriminals have to steal money, identities and information from unsuspecting victims, causing it to become a matter of national interest.

On 22 August, the Australian Senate passed the Cybercrime Legislation Amendment Bill 2011 (“Bill”) which is aimed at strengthening Australia’s cyber security laws. The Bill sets the legislative framework to enable Australia to join 34 other nations and ascend into the Council of Europe Convention on Cybercrime, the only binding international treaty on cybercrime.

Attorney-General Nicola Roxon says the Bill will “help combat criminal offences relating to forgery, fraud, child pornography and the infringement of copyright and intellectual property”.

The Bill amends the Telecommunications (Interception and Access) Act, the Mutual Assistance in Criminal Matters Act, the Criminal Code Act, and the Telecommunications Act.

The main changes include:

• Preservation – allows law enforcement agencies to compel telcos and ISPs to retain data records of people suspected of cyber-based crimes, including fraud and child pornography. Data records include web-browsing history, social media activity, emails, and SMS messages. The law enforcement agencies will be prevented from seeing the information until they have secured a warrant.

• Mutual assistance – provides foreign countries access to Australian preserved computer data in the investigation of cybercrime and crimes committed using the internet pursuant to a stored communication warrant and vice versa.

• Cybercrime offences – expands the scope of existing Commonwealth computer offences and creates confidentiality requirements in relation to authorisations to disclose telecommunications data.

Australian Greens Senator Scott Ludlam has raised concerns about stored data being given to foreign countries for use in criminal cases involving the death penalty.

In the amended Bill, the Senate addressed 12 of the 13 recommendations by the Joint Select Committee on Cyber-Safety. The only recommendation that was not considered related to the removal of the exemption of small internet service providers from the Privacy Act. This will likely be addressed as part of the government’s second stage response to the Australian Law Reform Commission’s 2008 report on privacy.

The amended Bill will go back to the lower house for approval.

Authors
John Kell, Partner - Hunt & Hunt Lawyers
Adam Mazzaferro, Senior Associate - Hunt & Hunt Lawyers
Calvin Lau, Lawyer - Hunt & Hunt Lawyers

 www.hunthunt.com.au

Discussing Brazil: Across the great divide

Peter Mace- General Manager.  Export Council of Australia shares his insights on the state of play for Australian exporters, opportunities for export to Latin America, the Carbon Tax, Sustainability and more with the Australia Brazilian Chamber of Commerce for Brazil Talk.

Brazil Talk: When did you join the Export Council of Australia, and what was your background prior to this?

Peter Mace: I joined the Australian Institute of Export (now the Export Council of Australia) in 2004.  The connection the Institute had, and the support it provided to grass roots exporters,  was a real interest for me and I wanted to contribute to that goal.

Most of my previous career had been in International Banking, working with  Westpac, Citibank and Bank of America.  I also had a 2 year term with EFIC, and so with that background  international trade was a major  interest for me.

Brazil Talk: What does your current role General Manager & State Manager, New South Wales entail?

Peter Mace: My current role focus is on the Education and Training activities of the Export Council.  We have decided to continue to badge the education arm under the Australian Institute of Export, given the 50 years of history the Institute carries in export education, and the high recognition of the brand for quality trade training. We also manage 4 TradeStart offices in regional Victoria.

The Export Council has a wider role in events, advocacy, awards programs and general trade activities. Being a small organization staff wise we all pitch in to cover what currently needs doing, so the job role is very fluid and always dynamic, challenging and interesting.

Brazil Talk: What are the key issues for ECA members at present?

Peter Mace: There is a feeling among many small to medium exporters, that their very real concerns are not being heard.  This in part was a catalyst for the formation of the Export Council.  There are a number of headwinds facing our exporters, apart from a high AUD.  For example the high cost of the Australian leg of the global supply chain.  It is in areas like this that the Council intends to play a role in bringing the problem to the attention of Government and other agencies, and seeing how the process can be  streamlined to make exporting from Australia a more competitive endeavour. For example, the  recent global competitive index for 2012 shows that Australia has dropped from 16th to 20th place, a situation that is not in our national interest. 

Brazil Talk: What is the greatest challenge for exporters now?

Peter Mace: It depends a lot on the industry segment you are in, and so there is no quick one-off fix for all problems. Certainly adjusting to a higher currency environment is one, and so is the downturn in some of the more traditional European and North American markets.  However there is great potential opening up in Asia, in Africa and in Latin America.  These are the areas where Austrade now has greater focus and this is where future export profits will be made. Australian companies need to be ready and actively looking for these upcoming opportunities.

Brazil Talk: And the greatest opportunity?

Peter Mace: I believe one of our biggest growth opportunities in the next decade will be in helping feed the world.  Australia is a very competitive agricultural producer, and the quality and “clean & green” nature of our agri-products are already globally known.  As more of the world’s population move into a ‘middle class’ and out of subsistence, diets change and the desire for meat, vegetables and fruit increase. Australia is subject to large variations in output caused by flood and drought, so a challenge is in developing back up production areas and an increased focus on irrigation to deliver more consistency.

Brazil Talk: What is the general consensus among your members in regard to the carbon tax?

Peter Mace: There is general support I think to working for a more sustainable use of our resources, but whether the carbon tax is the best response?  It is certainly a detriment to our exporters who have to include it in their export inputs, when many competitors don’t.  The most recent DHL Export Barometer (which many of our members participated in) found that 71% of respondents thought the carbon tax was too high.

Brazil Talk: How important is the environment and sustainability to Australian exporters? (or, is there a growing green consciousness among Australian exporters as the world gathers to mitigate the effects of climate change?)

Peter Mace: As above I think that exporters appreciate the value of caring for the environment and developing sustainable export activities. The value of these environmentally friendly production practices  will become more important and more valued in the future, especially in relation to agriculture and food production.

Brazil Talk: What is the ECA environmental policy / stance on sustainability?

Peter Mace: The Export Council of Australia is conscious of all issues relating to the environment and encourages Australian business to implement affordable change to limit carbon dioxide emissions. The ECA is also aware of the need for Australian exporters to remain internationally competitive and therefore supports a multi-lateral approach to the implementation of controls on emissions.
 
Brazil Talk: What are the key products being exported from Australia to Brazil?

Peter Mace: Looking at the ABS Statistics, our major exports to Brazil  include coal, crude petroleum, flat-rolled iron and steel, and electrical circuits. Of more interest though are the services areas including education, sport, energy technology and agricultural science.  Off a small base, these are the areas of future interest to SME exporters.

Brazil Talk: What similarities do you see in terms of consumer demand in both Brazil and Australia?

Peter Mace: While Brazil and Australia have many competing industry sectors, there is also great opportunity for collaboration.  Both are large mineral providers and agri producers. Brazil obviously has a larger population, and certainly there is a shared interest in areas like fashion, coffee, food and sport.

Brazil Talk: What relationships exist between the Export Council of Australia and relevant organisations in Brazil?

Peter Mace: The Export Council and ALABC have shared membership, and we are looking to develop that relationship to better support our members who have an interest in Latin America and in key markets like Brazil.  Obviously the upcoming World Cup and 2016 Olympics will focus the world’s attention on Brazil and a lot of Australian exporters are taking notice.

Brazil Talk: How do you see the export relationship between Australia and Brazil strengthening in the future?

Peter Mace: The Australian Government has a renewed interest in Latin America, and Austrade are being better positioned to assist. As the largest market in Latin America, Brazil will be a key entry point, and the numbers of Australian tourists heading that way will build the links and understanding of what Brazil has to offer.

Brazil Talk: What advice would you give to Australia businesses considering exporting their products to Brazil?

Peter Mace: The Brazilian Chamber and ALABC are obvious places to start, as are the Government agencies of Austrade, EFIC and DFAT.  We always encourage companies to visit the target market personally to properly assess the potential.

We worked with Sydney University, with support from ALABC and HSBC early in the year when a group of students undertook a project to assess market potential for 5 member companies looking to enter the Brazil market.  The pre-briefing  we provided for the students was comprehensive and covered all the practical areas that exporters would need to consider.

The students spent time in Sao Paulo and surrounds undertaking the review, and their report findings were comprehensive and very valued by the companies participating. This project was a wonderful success and we hope to repeat it in 2013.

Brazil Talk: What is the best thing about working for the Export Council of Australia?

Peter Mace: The ability to actively help Australian businesses to succeed, whether through our Education and Training programs, our Trade Publications, providing advice and running educational seminars. 

Additionally being able to see export success and effort rewarded through the two programs that we run; the Premier’s NSW Export Awards and the Australian Export Heroes awards, provides the inspiration and reward  to all of us at the ECA to keep going.

Brazil Talk: What’s on the horizon at the Export Council of Australia?

Peter Mace: The Export Council of Australia is in the very early and very exciting launch stages. We have the framework in place, and for the remainder of the year we are concentrating on building our partnership alliances with Australian industry association domestically and also our relationship with similar bodies overseas. As part of our role in supporting Australian exporters and representing the export community, we recently commenced two major research projects, the first project will examine the issue of high cost of trade facilitation for exporters within Australia and the second project is to analyse trade support programs in the top markets Australia competes with.

We are also about to launch industry working groups, who will provide input to the Export Council of Australia on export-related issues specific to their industry sector, such as: Industry capability, Barriers to export, Government policy, Free Trade Agreements, Marketing of Australian products/services, Market opportunities and research focus areas.

As we only launched the Export Council of Australia in April, we are still evolving and I see the Export Council growing rapidly over time. We are very keen to hear from the community as we go through this evolutionary period.

To find out more about the Export Council of Australia please go to www.export.org.au

Plusses and minuses for the future of Australia's exports

Both the 2012 Annual Economic Roadshow run by the Export Council of Australia and the Export Finance and Insurance Corporation (EFIC) and the 2012 DHL Export Barometer flag plusses and minuses for the future of Australia’s exports.

Ian Murray, Executive Director of the Export Council of Australia who participated in both these programs said “that while Asia continues to provide strong opportunities for export growth, some sectors will continue to find it difficult due largely to the high dollar and the struggling European and US markets.”

“The fact that the DHL study reported that an increasing number of exporters expect their export orders to increase in 2012 was encouraging,” Mr Murray said “but what really matters most is whether these companies represented major exporters or the smaller end of the market.” 

Additionally, Mr Murray remarked that “it was also nice to read that 50% of those surveyed said their company profitability was forecast to increase, but that also means that 50% obviously thought profit would either stay flat or decline which is a concern.”

While the study showed that New Zealand replaced the UK as one of the five biggest destinations, more relevant was the fact that respondents recognised Indonesia and the Middle East as the biggest markets for growth.

“Indonesia,” Mr Murray said “should probably be viewed in the same light as both India and China when it comes to opportunity, as one cannot escape the fact that it has a rapidly growing 25 million middle class population, an economy growing at over 6% and has economically become much more stable in recent years. Food and protein will undoubtedly increase in demand as diets change and Western behaviours become more commonplace.”   
 
“The 2012 Economic Roadshow,” Mr Murray said “showed some similarities to the DHL study, particularly in relationship to Indonesia and the Middle East, but overall the optimism was clearly divided on geographic and sector dimensions. Europe and the US showed little immediate opportunity for solid export activity apart from niche business, while Asia continued to be strong. Food was undoubtedly seen as our strongest opportunity after resources while consensus was clearly shown for Australia to position itself as a provider of high value products and services.”

“Nobody,” he said “expected the dollar to fall far below parity, hence the continued spending on R& D and innovation was critical to building our future export businesses.”

Mr Murray said that “Drawing a line through both programs the export environment was certainly more encouraging than twelve months ago. Companies are either living with the higher dollar and the GFC, by implementing change to strengthen their margins or taking some production offshore. Growth in Asia and the Middle East is still uppermost in peoples’ minds and while it is tough right now, the future still remains positive."    

Ian Murray, Executive Director- Export Council of Australia