Minutes - TRIPS Council - View details of the intervention/statement

H.E. Ambassador Lundeg Purevsuren
12 INTELLECTUAL PROPERTY AND INNOVATION:

257.   Australia would like to thank Canada for leading this discussion on making Micro, Small & Medium Enterprises (MSMEs) competitive through trademarks. 258.   The Australian Government is committed to supporting MSMEs to increase their competitiveness both domestically and internationally through effective protection of their intellectual property (IP), including trademarks. 259.   The Australian Government recognises that IP is critically important to MSMEs in today's modern and increasingly globalised economy. As the Australia 2030: Prosperity through Innovation plan recognises, we have "moved from a once-in-a-century mining boom to a global innovation race, where IP is at least as valuable a resource as iron ore." 260.   Today we would like to share information on initiatives and best practices that the Australian Government is promoting to better support MSMEs to protect their trademarks and maximise their commercial potential in the global marketplace. 261.   Statistics from the latest Australian IP Report reveals that trademark applications to IP Australia, the agency responsible for administering IP rights, continue to grow.1 262.   In 2018, trademark applications grew by around 4%. Trademark applications can be filed either directly with IP Australia or through WIPO's Madrid system. Applications from Australian residents accounted for about 58% of all trademark applications in 2018. What we know is that historically, the vast majority, around 90%, of resident applications come from MSMEs and individuals. 42% of applications were from non-residents, with the applicants from outside Australia mainly originating from the United States, China, United Kingdom and Germany. 263.   To encourage such growth of trademark applications, IP Australia actively works towards increasing awareness of IP rights among MSMEs, and towards developing tools to assist MSMEs to protect their trademarks through obtaining a robust registration right. 264.   For example, IP Australia provides Trade Mark Assist, an interactive tool designed to educate and assist unrepresented trade mark applicants, in particular MSMEs, to understand how they can protect their brand and obtain trade mark rights to it. 265.   Trade Mark Assist helps MSMEs 'learn, search, apply' by exploring their proposed trade mark, identify the classes of goods or services they wish to protect, search existing trademarks and begin the trade mark application process. 266.   TM Headstart also assists MSMEs obtaining protection for their trademark. This service gives an MSME an assessment of their potential trademark and will help them identify any problems it may contain before they publicly file for a trademark. 267.   TM Headstart can save MSMEs money in the long run, as trademark applications that contain errors when formally filed are often rebuffed and applicants pay for those mistakes by having to refile. Using TM Headstart is a good way to apply for a trademark if applicants are unsure of the process. 268.   IP Australia also offers a range of educational resources and materials to support MSMEs to better understand IP protection options and taking their IP global, including:  publishing detailed fact sheets on applying for a trademark in overseas jurisdictions  on demand webinars on understanding trademarks and what businesses need to know about protecting IP abroad and domestically. 269.   Through best practice initiatives such as HM Head start and Trademark Assist, we are able to better support and educate MSMEs about the value of IP to their business's success. 270.   We look forward to hearing about best practices from other Member States and we are happy to continue this discussion.

IP/C/M/94, IP/C/M/94/Add.1

1 IP Australia, 'Australian Intellectual Property Report 2019' 15-19 https://www.ipaustralia.gov.au/sites/default/files/ip_report_2019.pdf