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ACCESSION OF THE EC TO THE MADRID PROTOCOL

ACCESSION OF THE EC TO THE MADRID PROTOCOL. Implications for IP Strategies from a Business Perspective. Owen Malone Vice President - Intellectual Property Foster’s Group Limited. The Era of Intellectual Capital. Rapid technological change Growth in market economies Market globalisation

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ACCESSION OF THE EC TO THE MADRID PROTOCOL

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  1. ACCESSION OF THE EC TO THE MADRID PROTOCOL Implications for IP Strategies from a Business Perspective Owen Malone Vice President - Intellectual Property Foster’s Group Limited

  2. The Era of Intellectual Capital • Rapid technological change • Growth in market economies • Market globalisation • Shifting emphasis from capital to intellectual asset utilisation WIPO & OHIM & EC Conference October 2004

  3. Foster’s Group Limited • Beer • Wine • Spirits • Non-alcohol beverages WIPO & OHIM & EC Conference October 2004

  4. FOSTER’S GROUPSHAREHOLDER VALUE 6000 5000 } 4000 $2.3b Net Assets $5.9b 3000 2000 1000 Market Capitalisation * LIABILITIES ASSETS 30 June 2000 WIPO & OHIM & EC Conference October 2004 * based on position as at 25.10.00

  5. Impact on Business • Intellectual property is a key source of value creation • Intellectual assets are increasingly becoming a major basis of differentiation and competitive advantage • Protection and management of intellectual property rights are crucial to business strategy and market success WIPO & OHIM & EC Conference October 2004

  6. Anatomy of Foster’s as a Contemporary International Business • Direct brewing interests in Australia, US, UK, Vietnam, China and India • Direct vineyards/wine businesses in Australia, NZ, US, UK, Chile, France, Germany, Italy, Netherlands and Switzerland • Product exports into 150+ countries across all continents. WIPO & OHIM & EC Conference October 2004

  7. Key Objectives in IP Brand Management • Security and economy through effective trade mark protection in global markets – national laws v global markets • Sustaining competitive advantage through developing better methodologies to deal with enforcement issues and threats to brand dilution/control • Risk management through maximising the alignment between brand protection and market entry & activity WIPO & OHIM & EC Conference October 2004

  8. Foster’s International Trade Mark Activity • More than century’s experience in dealing with national trade marks systems • An early adopter and advocate of the CTM system since its inception • A recent participant in International Registrations with Australia’s accession to the Madrid Protocol in 2001 WIPO & OHIM & EC Conference October 2004

  9. Primary Advantages of International Registration • More cost-effective and simpler procedures for trade mark protection and maintenance • Reduced translation, communication and foreign currency issues, together with management overheads • More rapid and consistent validation of rights in different countries • Flexibility and enhanced options in trade mark strategies WIPO & OHIM & EC Conference October 2004

  10. Issues with No Linkage between CTM and Madrid • Unnecessary complexity for brand owners- CTM + selective national filings?- Madrid + selective national EC filings?- sometimes just national filings? • Result:- Skewing of cost-benefit strategies- Impediment to uptake of international registrations WIPO & OHIM & EC Conference October 2004

  11. Key Features of Linking the Systems • Designation of the EC as a whole in international applications • Extended international coverage of CTM registrations/applications via the Madrid system • Options to covert failed EC designated application to national applications or designations of EU member states that are party to Madrid WIPO & OHIM & EC Conference October 2004

  12. The Major Benefits to Business • The opportunity to concurrently capture the potential benefits of both system • More options and greater coherency in international trade mark filing strategies • Significant facilitation of the goal of simple, cost effective trade mark registration internationally • New market opportunities and business initiatives WIPO & OHIM & EC Conference October 2004

  13. Summary • The IP system is essential infrastructure for innovation, trade and economic growth • Inter-operability between Madrid and the CTM improves both market access & opportunity, at both a firm and national level • Business threshold criteria re security, retention of competitive advantage, speed to market & cost-benefit will be easier to satisfy • The linkage may be instrumental in accelerating accession by countries to Madrid WIPO & OHIM & EC Conference October 2004

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