Data exclusivity and clinical trials
Our TGA provides for a 5 year data exclusivity period
for data submitted in order to obtain regulatory
approval; meaning that there is little downside to the
patentee in seeking regulatory approval in Australia.

Trade mark
Trade mark registrations in Australia can claim a relatively
broad range of goods and services, and applications
can be based on a genuine intention to use the mark
in relation to those goods/services, (e.g. “clothing”).

In other jurisdictions, the goods/services must be
restricted to specific goods/services (e.g. “pants and
jackets”) and sometimes actual use on each item must
be shown prior to registration.

Comparable GDP
The comparable GDP per capita shows that Australia
is relatively on par with the US economically.

• GDP per capita US - $59,939
• GDP per capita AU - $53,831
Australia as a test market
Australia is a good test market
• Australia is a low cost market to test strategies
and negotiate deals before engaging in worldwide
litigation. • Australia is ranked in the top 15 countries by GDP.

• Australia has an educated, affluent population
of 23.9 million, hungry for new experiences and
products. With a predominantly Western culture,
it’s a large enough test bed and small enough market.

• Australia also offers a ready and relatively contained
infrastructure—media, distribution channels, talent—
and some privacy. Testing products in Australia has
been referred to as “Undercover Down Under” – there
is a sentiment that if a product flops in the ‘outback’
and no one hears about it, did it really happen?
• Examples of companies that have tested products /
services in Australia:
Tesla Powerwall
Industries in Australia
• Mining
• Manufacturing
• Agriculture
• Healthcare
(Pharmaceuticals/ Medtech)
• Telecommunications
• Food
Innovation in Australia
Australia is positioned among the top most
innovative economies in the world
• In the two-year period ended 30 June 2021, over half of
all businesses (52%) reported being innovation-active.

• Of the innovation-active businesses, 36% collaborated
and/or had a fee-for-service arrangement for innovation.

Global Innovation Index (2022)
64.6 61.8
61.6 59.7
58.0 57.8
SWITZERLAND USA
SWEDEN UK
NETHERLANDS SOUTH
KOREA 57.3
57.2 56.9
55.9 SINGAPORE
GERMANY FINLAND
DENMARK 47.1
McCafe opened in Australia before anywhere else
in the world
Facebook uses Australia to test new technologies
prior to a wider population e.g., videos without
sound, ‘rooms’ in messenger
Spotify frequently tests new features in Australia.

AUSTRALIA The above diagram shows the most innovative economies in the
world, based on analysis from the WIPO Global Innovation Index.

Phillips Ormonde Fitzpatrick 03