Australia India Business

Do We Understand Each Other?

Gopal Krishna of the DIPP (left) and Philip Noonan of IP Australia sign the MoU on Bilateral Cooperation in IP, as Simon Crean and Kamal Nath

Greater similarity in the intellectual property systems of Australia and India has been identified as a key goal for the boosting of trade. A recently signed Memorandum of Understanding aims to achieve just that.

India’s value as a trading partner has grown significantly in the past decade, with India now Australia’s seventh-largest export market. This trend is set to continue, with more Australian businesses looking to ‘ride the Elephant’. According to one recent study (DHL Export Barometer, June 2008), India is named as one of the top two countries businesses plan to export to in the next 12 months.

IP implications

In response to this interest, the Australian Government is placing a high priority on achieving market access outcomes and addressing obstacles to trade. One of the important issues being looked at is intellectual property (IP).
Australian businesses need to be aware of the implications for their IP when exporting to India. Developing a stronger relationship with India in the IP space has been identified as one of the key areas needing attention to further facilitate trade between the two countries.

Coming to an understanding

One of the ways to achieve this is for Australian and Indian IP administrators to work more closely together for mutual benefit.
In April 2008, an IP Australia delegation including Director General Philip Noonan visited the Department of Industrial Policy & Promotion (DIPP), part of India’s Ministry of Commerce, in New Delhi, India. The purpose of the visit was to agree upon the details of a Memorandum of Understanding (MoU) and Action Plan between IP Australia and the Indian Controller General of Patents, Designs and Trade Marks (CGPDT).
The MoU aims to facilitate a closer working relationship between the two countries and assist in the ongoing development of both countries’ IP systems on a number of levels. It was signed by both IP organisations on May 20 and was endorsed by Australian Minister for Trade, the Hon. Simon Crean MP, and India’s Minister for Commerce and Industry, Shri Kamal Nath. The MoU can be accessed from the DIPP website at: http://ipindia.nic.in/ ipr_bilaterals/India_Australia.pdf.

Action plan

The Action Plan supporting the MoU for bilateral cooperation with India on IP rights will be finalised and signed in November 2008 during a Heads of Office visit to IP Australia in Canberra by the DIPP. Key items for discussion include potential examiner exchange, opportunities to share experiences on business practices and policies, and to share perspectives on treaties relating to IP rights.
The increased cooperation between India and Australia will ensure that businesses from both countries have better opportunities to secure, exploit and enforce their IP. This is particularly the case if the information exchange and cooperation results in more similarities between the Indian and Australian IP systems.

Exporters beware

However, Australian exporters should be aware of some of the existing differences and possible difficulties in registering IP in India:
• There may be lengthy delays in registration and court procedures, which can discourage potential exporters – using an experienced Indian attorney may alleviate this.
• The registration of trade marks is relatively inexpensive by world standards, but it is best to deal with a local Indian attorney to assist in progressing your application.
• Using specially-trained watching services in India for patents and trade marks could prove valuable for Australian businesses.
• India is a member of the Patent Cooperation Treaty, but is not yet a member of the Madrid Protocol Agreement for trade marks.

IP Australia recognises the need for more information on the IP system in India and has produced a fact sheet for Australian businesses looking to export to India. Visit www.ipaustralia. gov.au/ippassport/ to download a free copy.

Website: www.ipaustralia.gov.au

Tags: Gopal Krishna, Intellectual Property Australia, Kamal Nath, Phillip Noonan, Simon Crean