Speech by the Australian Deputy Prime Minister and Minister for Trade, The Hon Tim Fischer to the APEC Intellectual Property Rights Expert's Group Meeting, Canberra, 5 March 1998.

Introduction

Chairman Saeki and other distinguished guests.

I would like to say at the outset how pleased I am to welcome you to Canberra for this meeting of the APEC Intellectual Property Rights Expert's Group. I think the IPEG represents an exciting development within APEC and a timely recognition of the increasing importance of intellectual property to member economies and international trade.

Respect for Intellectual Property - Vital for International Trade

I am sure the members of this audience would be very receptive to the idea that intellectual property is of growing importance to domestic and international economies. The annual value of intellectual property-related international trade has been estimated to be $600 billion per year.

These days, intellectual property is not only important to the export aspirations of governments world-wide, it is also a vital element in their prospects for promoting foreign direct investment and technology transfer, both of which are increasingly important to national economies.

Hence the need for effective and predictable intellectual property rights protection regimes and the real value of the work of the IPEG.

The Australian Government takes intellectual property issues very seriously. Yesterday I tabled the Government's Trade Outcomes and Objectives Statement, our annual report to Parliament on Australia's trade performance, which for the second year running contains a special feature on intellectual property and trade. This is clear recognition of the importance the Government places on an appropriate intellectual property regime to domestic economic growth and global trade.

Our aim is to create and maintain a regulatory framework that balances intellectual property rights protection and the wider right of the community of access to information and products. This is not always an easy balance to achieve, and it is the subject of sometimes fiercely competing interests.

The Government's achievements in this regard demonstrates its commitment to achieving this balance. In 1997 alone we made some important decisions, such as:

- introducing a new regime for test data protection of pharmaceutical and agricultural / veterinary chemicals;

- a five-year extension for pharmaceutical patents together with a limited springboarding regime;

- a number of important improvements to Australia's copyright regime;

- a new innovation patent and improvements to the regulation of the patent attorney profession.

IPEG's Work under APEC's Collective Action Plan

At a gathering such as this I think it is useful to remember and reflect on the objectives that this group adopted on its formation, and indeed, the stated reasons for its very existence. Simply put, the aim of the IPEG is to create a coherent perspective and voice among the member economies of APEC on intellectual property issues. Importantly, it is also an important link in the chain of APEC trade activities aimed at maximising business opportunities in the region. I would say that the IPEG is doing a fine job in working towards this goal.

The range of activities undertaken by the IPEG under APEC's Collective Action Plan on trade facilitation measures have already yielded some significant successes.

I am glad to say that Australia has been active as the lead economy in initiatives such as the survey of laws and regulations, the contact points list for intellectual property experts, and the proposal to disseminate that list. These activities clearly demonstrate the IPEG focus on delivering meaningful and useful products to the real users - the business men and women and other citizens of the APEC member economies. There has already been feedback from people in industry about the usefulness of having the contact point list on the Internet, and so I congratulate all of those involved.

TRIPS

The IPEG also faces significant challenges in the future. Notably, the implications of the WTO Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) loom large on the horizon.

For the developing member economies of APEC there is the challenge to have intellectual property rights protection regimes that are fully TRIPS-compliant by the year 2000. This is no small undertaking for the individual members, and I am delighted to see that one of the IPEG activities is designed to draw on the strength of other APEC members to assist them in this effort.

I am talking, of course, about the proposal to facilitate technical co-operation, of which the Republic of Korea is the lead economy. This should help developing economies meet their international obligations and also improve the business environment in which all of our business people operate.

TRIPS will also impact on everyone present through the biotechnology negotiations in 1999 and the TRIPS review in 2000.

And in this context we should recall IPEG's aim - to develop a coherent APEC perspective and voice.

It is vital that the member economies of APEC not be left-out of the important decisions that will be taken in the context of the negotiation on intellectual property rights regimes. Equally, APEC members must ensure that their interests have been identified through a process of careful consideration and discussion, and are articulated in a manner that truly represents the interests of the member economies.

The outcome of the 1999 biotechnology negotiations will have a profound effect on the very things people grow and eat, and more generally on investment and development in member economies. The responsibility IPEG carries is therefore very substantial.

Conclusion

As the premier forum for intellectual property rights policy development in APEC, the IPEG has a vital contribution to make. It is here that the real interests of the member economies can be identified and discussed.

I know that this work has already been begun in earnest, with discussion papers produced and disseminated by the US, Canada and others. Moreover, Australia will present an issues paper on biotechnology at this meeting.

I must say that I was glad to learn that your time in Canberra will not just be hard work.

March is a beautiful time of year to visit Australia's capital, and I understand that yesterday some of you managed to go on a trip to the Tidbinbilla nature reserve. As some of you might be aware I am very partial to Australia's country-side and its wonderful flora and fauna.

I hope many of you will also see the other side of Australia - the sophisticated and technologically advanced society. I am sure most of you will be leaving Australia via Sydney, and I would encourage you all to take the time to visit it and see its beautiful harbour up close.

As Trade Minister and Minister responsible for APEC I again welcome you to this IPEG meeting in Canberra.