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ACCESSION OF THE EC TO THE MADRID PROTOCOL by middleofthefloor

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									  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

• Shifting emphasis from capital to intellectual
  asset utilisation



                                WIPO & OHIM & EC Conference
                                               October 2004
Foster’s Group Limited


         • Beer

         • Wine

         • Spirits

         • Non-alcohol
           beverages


                     WIPO & OHIM & EC Conference
                                    October 2004
                                       FOSTER’S GROUP
                                     SHAREHOLDER VALUE




          6000

          5000

          4000

          3000
                                     }          Net Assets   $2.3b
                                                                       $5.9b
          2000

          1000                                                        Market
                                                                   Capitalisation *
                       ASSETS           LIABILITIES
                                 30 June 2000
                                                             WIPO & OHIM & EC Conference
* based on position as at 25.10.00                                          October 2004
          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
     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
         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
  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
 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
  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
 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
     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
                    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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