Benefits of protecting
your IP in Australia
Patent enforceability
Australia has a strong domestic economy
that is underpinned by a large and wealthy
middle class. This demographic ensures we
have a diverse consumer market that is always
looking to consume innovative products.

Australia is also uniquely positioned in the
Asia-Pacific with ties not only to traditional
economic powers such as the US and Europe
but also to the emerging Asian markets. To help
maximise the advantages of our geographic
location, successive Australian governments
have entered into bilateral free trade
agreements with many nations including the
US, China, India, Japan and Korea. Australia is
also a member of the Regional Comprehensive
Economic Partnership Agreement which
accounts for 30% of the world’s population
and 30% of the world’s GDP.

Early adopters of technology
Australia has a robust legal system that ensures
the enforcement of Intellectual property rights.

Our tech-hungry culture also takes advantage of
innovation. Investors and global tech developers know
that Australian consumers are early technology adopters
who are open to change.

Sovereign risk
Our major political parties support the maintenance
of a patent system and as such, there is no sovereign risk
for rights holders.

A free society with good governance
Australia is founded on strong institutions. Our regulatory
environment, rule of law and lack of corruption are all
highly rated in World Bank rankings. In Australia, fair
and effective governance is seen as the foundation for
economic growth and a free society. Good governance
generates confidence among major investors. It also
makes Australia a secure base for multinationals that
want to expand or set up new operations in the Asia-
Pacific region.

Relative cost of obtaining patent
protection In comparison to many other jurisdictions, the cost
of obtaining patent protection is quite reasonable.

In addition, Australia is a member of the GPPH and
as such, allowance in Australia can facilitate prosecution
in a number of other jurisdictions.

The Pharmaceutical Benefits Scheme
The Pharmaceutical Benefits Scheme is an Australian
government initiative that subsidises medicines in
Australia to make them available to the entire population.

This increases the possibility of the IP rights holder
obtaining reimbursement in Australia.

Pharmaceutical patent term extension
The Australian patent system provides for patent term
extension of up to 5 years in circumstances where there
is regulatory delay in achieving marketing approval.

This increases the prospects of the patentee receiving
reimbursement. 02 Intellectual Property Protection in Australia