WORLD TRADE
ORGANIZATIONIP/C/W/154/Add.4
1 December 1999
(99-5213)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
TECHNICAL COOPERATION ACTIVITIES:  INFORMATION FROM
DEVELOPED COUNTRY MEMBERS
AUSTRALIA
Addendum
The present document reproduces the updated information on Australia's technical and
financial cooperation activities relevant to the implementation of the TRIPS Agreement, which hasbeen received from the Permanent Mission of Australia by means of a communication, dated
20 October 1999.
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1. Pursuant to Article 67 of TRIPS, the Council for TRIPS requests an update from developed
country Members of their technical and financial cooperation programmes in the area of intellectual
property rights (IPRs) relevant to the implementation of the TRIPS Agreement.  The TRIPS Council
agreed at its meeting from 7-8 July 1999 that this year it would be done in time for the Council's
meeting from 20-22 October 1999, at which there will be special focus under Agenda Item G, on
Technical Cooperation.  This report updates IP/C/W/12/Add.7.
2. Australia fulfils its Article 67 technical cooperation commitments at the bilateral, regional and
multilateral levels.  Australia considers that this can best be achieved through cooperation and
assistance to developing countries particularly in the Asia-Pacific region.
3. Thus Australia has continued to expand its programme of technical assistance in the IP field
including a number of major IP training programmes as well as an extended training course on
biotechnology-related IP.  Working closely with  the APEC Secretariat and with Japan as the
Convenor, Australia also hosted the Sixth meeting of the APEC Intellectual Property Rights Expert
Group (IPEG) in March 1998.
4. Over the past three years bilateral assistance has been provided to 11 WTO Members and
three prospective Members. The four Government agencies chiefly involved are IP Australia, the
Australian Agency for International Development (AusAID), the Department of Foreign Affairs and
Trade, and the Attorney-General's Department.
5. Several non-government organizations (see paragraph 41 for activities) have contributed
considerably with other technical assistance initiatives. These include:
• The Australian section of the International Federation of Industrial Property
Attorneys (FICPI);
• The Australian Copyright Council;IP/C/W/154/Add.4
Page 2
• Asia-Pacific Committee of the International Federation of Reproduction Rights
Organisations (IFFRO);
• The Australasian Performing Ri ght Association Limited (APRA).
I. BILATERAL
A. WTO M EMBERS
Bhutan
6. In 1997, Australia presented papers at the WIPO National Seminar on Intellectual Property
and the TRIPS Agreement.  In 1999, Australia held discussions with Bhutan IP Office staff on the
development of their IP system.
Hong Kong, China
7. From 1996 to 1998, staff from the IP Department of the Hong Kong Special Administrative
Region of China visited Australia for training in Australia's trademark (TM) practices and procedures,
including the use of IT systems to process TM applications.  During 1999, Australia provided advice
to Hong Kong, China on the implementation of their new TM law.  Hong Kong, China officials havebeen invited to return to Australia to examine Australia's TM hearing and opposition procedures.
Indonesia
8. Over a number of years, Australia has provided assistance to Indonesia in formulating its IP
laws and administration, including through WIPO programmes. This has included seminars hosted by
the then Australian Industrial Property Organizati on (AIPO), now IP Australia.  This development
cooperation activity included the establishment of a Sub-Group of Intellectual Property under the
auspices of the Australia-Indonesia Ministerial Forum.
9. Thus from 1996 to 1998, to assist Indonesia meet its TRIPS obligations, AusAID provided
funding through the first phase of the Indonesia-Australia Specialised Training Project to strengthen
IP infrastructure needed for effective IP administration and IPR enforcement.
10. The second phase (1998-2003) comprises a series of courses in both countries at elementary
and advanced levels for both government officials and the private sector in selected specialised areas
of intellectual property rights (IPRs), involving a range of processes and skills required for effective
protection and commercial exploitation of IPRs.  Associated activities include contributions to the
design and implementation of a project for the Indonesian Directorate-General of Intellectual Property
Rights.  Reciprocal visits between the two countrie s over the past two years have included briefings
on respective procedures including opposition and enforcement procedures;  Indonesian draft laws on
industrial designs, trade secrets and integrated circuit layouts;  TRIPS consistency and likely practical
implementation issues;  provision of a trademark expert (under WIPO auspices) and an expert to
review proposed amendments to Indonesia's patent and trademark legislation for TRIPS consistency.
11. In 1999, IP Australia in conjunction with SMEC International initiated a World Bank funded
project to re-develop the Indonesian IP system, and personnel from that agency, as well as the
Attorney-General's Department and the Department of Foreign Affairs and Trade are undertaking
extensive work under that project.IP/C/W/154/Add.4
Page 3
12. In July 1999 the Attorney-General's Department , IP Australia and the Department of Foreign
Affairs and Trade hosted an Indonesian delegation to discuss various elements of IP-related
legislation.
Republic of Korea
13. Between 1996 and 1998, several Korean patent examiners undertook study placements with
IP Australia.  In 1999, Australia hosted a visit by se nior officials of the Industrial Property Tribunal of
the Korean Industrial Property Office to discuss examination, appeal and management systems.
Malaysia
14. Between 1996 and 1998, Australia provided training to a number of trademark examiners in
trademark examination practice and procedures including opposition procedures and search systems.
15. In 1997, WIPO, as part of a UNDP Country Project - "Strengthening the Industrial Property
System of Malaysia", asked IP Australia to provide a TM expert to assist Malaysia in theimplementation of amendments to its TM Act through  a) revision of the manual on TM law and
practice to incorporate changes which were introduced to the TM Act 1986, and b) provision of on-
the-job training to selected officials of the division on the trial implementation of the new manual.
16. Malaysian patent and TM officials are scheduled to visit Australia in November 1999 for
training in patent and TM opposition and hearings procedures.
Mongolia
17. In 1997, Australia presented papers to the WIPO funded Mongolian National Seminar on
Intellectual Property.  In 1997, an officer from the Mongolian IP Office spent several months in
Australia studying the Australian IP system.
Nepal
18. In 1999, an officer from IP Australia visited Nepal to evaluate training and assistance needs to
help Nepal to meet their TRIPS requirements.
Papua New Guinea
19. In 1997, discussions were held with PNG officials on the provision of technical assistance to
enable PNG to meet its obligations under TRIPS.  Australia provided assistance in the automation ofthe PNG Trade Marks Office.   In 1999, Australia undertook an investigation for the PNG office into
the training needs of their trademark examiners.  A follow-up visit to Australia by a senior official
from the PNG office is scheduled in late 1999 to obtain advice and assistance in establishing a patent
and designs system for PNG.
Philippines
20. Further to reciprocal visits of IP staf f under WIPO auspices, in  July 1996 (with AusAID
funding), IP Australia provided expert assistance in finalising the IP protocol of the General
Agreement on Development Cooperation with the Philippines.  Two seminars were also held on theeconomic importance of IP in the context of overseas development cooperation.  In July 1996, the
Department of Foreign Affairs and Trade conducted  a training course for Philippine officials on
methods of assessing the individual action pl ans (IAPs) of APEC economies against GATT/WTO
principles and comparability.IP/C/W/154/Add.4
Page 4
Singapore
21. In 1998, Australia provided training in TM law and practice matters for TM examiners before
implementation of the new Singapore Trade Marks Act.
Thailand
22. Australia has long provided assistance to Thailand both bilaterally and through WIPO.  In
1997, Australia entered into an MOU with Thailand on Cooperation in Intellectual Property;  and a
reciprocal arrangement was concluded between the respective IP Offices which recognises priority
rights.  In 1998 and 1999, training was provided to Thai officials on search and substantiveexamination in industrial designs.
23. In June 1999, with AusAID funding, the Atto rney General's Department organised technical
training for Thai judges, court staff and prosecutor s in IP-related casework.  The training materials
used are being consolidated.  It is hoped that these materials in a more generic form (scheduled to beavailable in early 2000) might be useful IP guidance for other economies.
24. AusAID is funding a team of Australian IP, biotechnology and patent experts to conduct
training in Thailand in November 1999.
B. P
ROSPECTIVE WTO M EMBERS
People's Republic of China
25. In 1998 and 1999, Australia hosted visits by two delegations of various government and trade
industry agencies to discuss intellectual property and patent management matters.
26. The Attorney-General's Depart ment organised a study tour for a delegation from the National
Copyright Administration of China from 22 to 26 June 1998.  The delegation visited Government
departments with an interest in copyright policy, copyright collecting societies and copyright industry
bodies in Melbourne, Canberra and Sydney.
Vanuatu
27. An AusAID funded consultant from the Australian Office of Parliamentary Counsel is
currently in Vanuatu drafting legislation to assist the Vanuatu government to meet TRIPS
requirements.
Viet Nam
28. Following the MOU between Australia and Viet Nam in 1995 on IP cooperation, in May
1996, AusAID funded two seminars in Viet Nam unde r the APEC Support Programme.  These were
conducted by three Australian Government entities to strengthen Vietnamese understanding of IP andthe role of IP in supporting increased transfer of technology, trade and investment activity.
29. AusAID is funding a team of Australian IP, biotechnology and patent experts to conduct
training in Viet Nam in November 1999.
30. IP Australia has invited senior Vietnamese officials to Australia in order to further
cooperation and technical assistance.IP/C/W/154/Add.4
Page 5
II. REGIONAL
31. Australia provided assistance for the following regional activities:
• In 1996, IP Australia, in conjunction with the EPO and WIPO helped the patent
attorney profession to initiate a training programme for patent attorneys in the Asia-
Pacific region
32. Australia hosted the following regional fora:
• The Asia-Pacific IP Office in the New Millennium, March 1998
• In 1998, participants from the APEC region attended an AusAID funded specialised
training programme on Biotechnology and IP.
33. In November-December 1998, (with AusAID funding), the Department of Foreign Affairs
and Trade conducted a course of training and technical support on IP and licensing in the framework
of the TRIPS agreement.  The aim was to support biotechnology research programmes in developing
countries in the APEC region, by promoting understanding on how to secure potential economic
benefits of the IP system.  Delegates to this course were from China, Indonesia, Philippines, Malaysia,
Thailand, Vietnam, the ROK, PNG and Fiji.
34. As part of its APEC support programme, AusAID funded a course run jointly by the Edith
Cowan University in Western Australia and the Australian Securities and Investments Commission
(ASIC) in April 1999. The aim was to improve the regulatory environment for the prevention of
corporate and governmental fraud including industrial  and IP theft.  Participants were from Indonesia,
the Philippines and Vietnam.
35. The Osaka Action Agenda, adopted by APEC Ministers and Leaders in November 1995,
included the development of a survey of statutes related to IPR and of corresponding jurisprudence,
administrative guidelines and activities of relate d organisations.  The APEC IP Experts Group (IPEG)
initiated several surveys of intellectual property la w and practice in APEC economies, with the overall
aim of enhancing understanding of the current system in each economy.  This is intended to facilitate
use of national intellectual property (IP) systems by businesses and individuals, and also to facilitate
cooperation between national administrations within the APEC region.  It is also being used to assist
in preparations for TRIPS implementation and review processes.  With support from the APECSecretariat and IPEG, Australia is currently conducting surveys of IP Jurisprudence and
Administrative guidelines for five regional economies.  Work has just been completed in October
1999 in this respect for the first two economies -Vietnam and Malaysia.
36. In 2000, Australia will jointly host with WIPO a Regional Symposium on Strategic
Management of Intellectual Property in the 21
st Century.
37. Australia is preparing and will shortly distribute an informal study on the TRIPS notification
and review processes, which is designed to make use of existing documentary resources to facilitate
the preparations for and conduct of TRIPS notification and review obligations by developing country
Members for which these obligations come into effect in the year 2000.
38. In April 1998, together with the WTO Secretariat, Australia and New Zealand co-hosted and
co-financed a regional seminar on the TRIPS Agreement, WIPO treaties, enforcement issues and
practical syndicate exercises for TRIPS implementation, for least-developed and developing countries
in the Asia-Pacific region.IP/C/W/154/Add.4
Page 6
39. Australia continues to provide patent searches for the IP Offices of Thailand, Fiji and
Singapore under bilateral arrangements.
40. Australian officials presented papers at the following regional fora:
• WIPO Asian Regional Round Table on the Stre ngthening of the IP System in View of
Recent International Developments, 1996;
• Commonwealth Secretariat South Pacific Workshop on Legal issues arising out of the
Uruguay Round Agreements, June 1997, New Zealand;
• APEC symposium on IP Enforcement rights, July 1997, Taipei;
• APEC Industrial Property Rights Symposium on the Development of Industrial
Property Systems towards the 21st Century, Japan, 1997;
• 15th LAWASIA Conference, August 1997, Philippines;
• International Symposium on the PCT system in the 21st Century, April 1998, China;
• Asia & Pacific Seed Association Plant Patents Seminar-workshop, Philippines,
September 1998;
• WIPO workshop on the 1996 Internet treaties, Shanghai, October 1998;
• WIPO Asian Regional Forum on IP Policy Development, Japan, October 1998;
• Seminar/workshop on Plant Patent Issues in Asia-Pacific, September 1998,
Philippines;
• APEC Symposium on Intellectual Property Rights, Japan, February 1999;
• APEC Intellectual Property Rights International Symposium, June 1999, Republic of
Korea;
• WIPO Regional Consultations on e-commerce and IP, Kuala Lumpur, June 1999;
• WIPO Asia-Pacific Regional Forum on IP Policy Issues in the Next Millennium,
India, July 1999;
• APEC Partners for Progress training course, Thailand, 1997, 98 & 99.
41. Non-governmental organizations and educational institutions in Australia have also had
significant involvement in technical training activiti es during the period.  These include the following:
The Australian Section of International Federation of Intellectual Property Attorneys (FICPI)
• From 1997-99, the Australian Section of the International Federation of Intellectual
Property Attorneys (FICPI) and sponsored by IP Australia, conducted the South East
Asian Drafting (SEAD) course on patent drafting techniques for trainee patent
attorneys in Singapore.  Students were from Singapore; Malaysia; Brunei; Vietnam;IP/C/W/154/Add.4
Page 7
Hong Kong, China; India; Pakistan; Indonesia and the Philippines.  The courses -
partly workshop and partly correspondence-each extended over six months;
• From 1997, FICPI has managed a student exchange programme under which trainee
patent attorneys in developing countries are provided with a three-month placement
in an office of a patent attorney in Australia;
• In 1997 and 1998, a scholarship of US$5,000 was awarded to a SEAD student to
facilitate further training in a patent attorneys office.
Australian Copyright Council:
• Lectures and briefings on copyright for the Indonesia-Australia Training Project
(1996 to 1999);
• Briefings of government and non-govern ment delegations and individuals from
China, Indonesia, Singapore, India and Malaysia;
• Presentation at the Asian Pacific Publisher’s Association Publishing 3 June 1999;
• Observer at World Forum on the Protection of Expressions of Folklore (Phuket,
Thailand, 8-10 April 1997) organized by WIPO and UNESCO; and the Symposiumon the Protection of Traditional Knowledge and Expressions of Indigenous Cultures
in the Pacific Islands (Noumea, New Caledonia, 15-19 February 1999), organized by
the Secretariat of the Pacific Community and UNESCO;
• Presentation at Regional Consultation on the Protection of Expressions of Folklore
for Countries of Asia and the Pacific (Hanoi, Vietnam, 21-23 April 1999), organized
by WIPO and UNESCO;
• Together with the Copyright Society of Australia, organizing the 1999 Copyright
Symposium (Sydney, 11-12 November 1999), which will include participants from
China, Singapore and New Zealand.
Asia-Pacific Committee of the International Federation of Reproduction Rights Organizations
(IFFRO)
• The development responsibilities of the Asia-Pacific Committee of IFFRO
encompass Australia and New Zealand, the South Pacific, South and North East Asia;
• WIPO and IFFRO are currently considering cooperative efforts to establish
Reproduction Rights Organizati ons (RROs) in order to implement effective, practical
copyright protection.  Countries of interest to the Asia- Pacific Committee include the
Philippines, Fiji, Singapore, Malaysia and Hong Kong, China;
• IFFRO has also played an active role in possibilities for cooperation through projects
in the former colonies of the EU Member States located in the Pacific Region in the
context of the Lome Conventions and the implementation of TRIPS Agreementrequirements.IP/C/W/154/Add.4
Page 8
The Australasian Performing Right Association Ltd (APRA)
Fiji
• APRA established a local performing right society in Fiji (the Fijian Performing
Right Association "FPRA").  Assistance includes on-going financial and royalty
distribution services and technical assistance in the legal, administrative and policy
areas.  A structured training programme and staff exchange programme for the FPRA
is being developed.
Asia-Pacific Regional Office of the International Confederation of Societies of Authors and
Composers (CISAC)
• The APRA delegate on the Asia-Pacific committee of Regional Office of the
International Confederation of Societies of Authors and Composers (CISAC) actively
participates in and contributes to all committee activities and assistance programmes;
• APRA hosted the 1999 CISAC Asia-Pacifi c Regional Training and Exchange
Programme attended by delegates from a range of Asia-Pacific countries.
Other technical cooperation resources:
42. Awareness building and general training resources prepared by Australian agencies have been
made widely available through the Internet, and are readily available for users in all Members.  These
include, by way of example;
• training and awareness materials for children: http://www.ippyonline.gov.au/
• training and awareness material on copyright: http://www.copyright.org.au/learn.htm
• general awareness materials on industrial property: http://www.ipta.com.au/
43. Australia is also responsible for maintaining th e APEC IP Contact Point list which is aimed at
facilitating the flow of practical information about the operation of intellectual property systems
within the APEC region:
http://www.apecsec.org.sg/ipr/iprlist.html
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