The Government has published a policy paper reflecting what the UK and Australian negotiating teams have jointly decided should be included in the agreement once it is finalised.

In terms of IP, the document states that Australia and the UK will commit to “ambitious” IP provisions that “support our vibrant economies through adequate, effective and balanced protection and enforcement of IP rights and that encourage innovation and creativity”. The agreement will include provisions on copyright, design rights, patents, trade marks, artists’ resale rights, trade secrets and test data.

Commitments in the IP chapter will include:

• commitments in support of the UK’s creative sectors, including high standard provisions on copyright, designs and the enforcement of IP rights online;
• commitments underpinning the IP in innovation sectors, including provisions on patents, trade secrets and test data; these provisions will not require regulatory changes;
• a commitment to discuss measures to ensure adequate remuneration for music performers and producers;
• a commitment for Australia to make all reasonable efforts to join the UK as a member of the multilateral Hague Agreement on Industrial Designs, to provide new benefits for designers in both countries;
• no other commitments to implement regulatory changes to IP settings for either the UK or Australia; and
• commitments to protect trade marks.

As a result of the Government possibly reaching a final deal with Australia, the House of Lords International Agreements Committee has re-opened its call for evidence on the negotiations.

In terms of intellectual property, the Committee is keen to hear views on whether the information available from the Government so far supports the Government’s statement that the agreement with Australia will secure IP rights that support UK creative industries and will protect the UK’s existing IP standards.

The Committee is also inviting submissions on the digital provisions of a possible agreement and how respondents would assess the claim that these provisions will support the UK services industry and bring opportunities to the UK.

To access the Government’s policy paper, click here. To access the House of Lords Committee’s call for evidence, click here.