On October 21, 2020, IP Australia released Study into the experience of Australian firms enforcing their intellectual property rights in Asia, Final Analysis Report. The ensuing report seeks to answer the research questions about how Australian businesses protect their IP rights when exporting into China and ASEAN markets as well as the challenges they face in doing so. This report, conducted by the Export Council of Australia was done on behalf of IP Australia and the Department of Industry, Science, Energy and Resources (DISER).
The methodology for this report was designed to explore and explain the research questions above through a two-phase approach. The first was a survey instrument, distributed online that yielded 118 participants while the second was a case study approach with 16 case study interviews. The participants for both phases were mostly SME’s however a robust display of industries saw a diverse range of goods and services exporters represented.
The findings from this report generated many interesting discoveries. The first was that China is perceived as the most common jurisdiction for IP infringement. This has in part has prompted the expansion and generated further interest for SME’s expanding into ASEAN markets.
Second, being proactive in one’s IP regime significantly reduced the onset of IP breaches, including through traditional IP registration routes but also considering other innovative commercial strategies. This also includes considering the value of business partners in foreign jurisdictions as a way to manage potential IP breaches.
Three, SME’s due to their smallness, lack the necessary resources to effectively manage their IP protection regimes, be that time and/or money. It is therefore essential to consider effective outreach for SME’s to make it easier for them.
Four, IP Australia’s website is the most popular source of IP related information from the sample.
The report concludes that IP protection should have greater prominence in a firm’s business plan, especially when exporting to China and ASEAN. Furthermore, greater information is required by SME’s along the business life-cycle from the pre-IP registration stages and through ex-post, for maintenance and monitoring.
On the basis of the above, four recommendations have been selected, which include:
• Embedding IP protection early, as part of the commercialization strategy
• Assisting exporters to understand the role of partners in IP protection
• Creating an IP network with like-minded organizations
• Informative and Interactive IP information
These four recommendations provide practical guidance to remedy the issues uncovered from the research. Taken together, these proposals would
seek to elevate the prominence of IP protection in the pre-planning stage for exporters. Furthermore, the prominence of IP Australia’s website should be exploited, as it seeks to position itself as an axis of information leveraged from third parties.
