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HG Alert: Financial Incentive to Protect Intellectual Property Rights Overseas - Jan 2009

From 1 July 2009, Australian exporters who are eligible under Austrade’s Export Market Development Grants (EMDG) scheme may be able to recover part of the costs they incur when they take action to protect their intellectual property rights overseas.

The EMDG scheme is an Australian Government financial assistance program which is administered by Austrade for Australian exporters. Eligible applicants (first time applicants will be required to satisfy grant entry requirements) will be able to apply for the recovery of the cost of granting, registering or extending intellectual property rights in foreign jurisdictions.

To be eligible, the business must have spent $10,000 over two years on eligible export marketing expenses and will be able to recover up to 50% of these expenses. Intellectual property rights protection is an eligible export marketing expense under the scheme if it is resulted from work mainly carried out in Australia.

An Australian individual, partnership, company, association, co-operative, statutory corporation or trust that operated export promotion activities is able to apply if it has:

  • an income of no more than $50 million in the grant year;
  • spent at least $10,000 in eligible export expenses under the scheme (first-time applicants can combine two years worth of expenses);
  • principal status for the export business and is involved in the export of intellectual property and know how.

For further information on the protection of your intellectual property rights, contact our Intellectual Property and Technology team.