Protecting your brand: intellectual property for value added exports

Project report


Nugent, Timothy, Woodhead, Alice and He, Ling Ling. 2016. Protecting your brand: intellectual property for value added exports. Toowoomba, Australia. Unpublished.
Title

Protecting your brand: intellectual property for value added exports

Report TypeProject report
AuthorsNugent, Timothy (Author), Woodhead, Alice (Author) and He, Ling Ling (Author)
EditorsLoudon, Jane
Institution of OriginUniversity of Southern Queensland
Number of Pages28
SeriesExporting Food to China
Year2016
PublisherUnpublished
Place of PublicationToowoomba, Australia
Abstract

Like insurance, intellectual property is a tool for managing risk. While insurance protects your physical assets, intellectual property protects something just as
important, your ideas and business identity.
Ideas are a valuable part of every business, from new inventions and technologies to creative branding, packaging and marketing. Intellectual property rights ensure that the brand owner receives the benefit of their work. This helps them to maintain the integrity of their business identity.
Without intellectual property protection, anyone would be free to copy technology, designs and branding.

The graphic on the right defines the main types of intellectual property, divided into registered rights (which require filing in a government office) and not registered rights which are automatically granted when the
intellectual property is created.

Intellectual property infringement is the unlawful use of intellectual property without the permission of the owner. Infringement is widespread in Asia and can cause serious harm both to sales and brand reputation. In the wake of
the 2008 melamine tainted infant formula scandal, in China the US Grocery Manufacturers Association commissioned a study on counterfeit and falsely labelled goods. Its conclusion: these dishonest practices were costing the
food industry ten to fifteen billion US dollars each year.

The cost of intellectual property registration is not insubstantial. New ventures are sometimes tempted to put it off until a later date when more capital is available. This can be a recipe for disaster; even a slight delay gives
competitors and squatters the opportunity to claim your rights.

It is important to remember that registered intellectual property protection is territorial. Protection in Australia will almost never extend to provide protection overseas. An important step in planning for export is working carefully with professional advice to ensure that all relevant forms of intellectual property are properly registered in every country where you intend to do business.

Keywordsfood brands, law, supply chains, food systems, Asia, Queensland,
ANZSRC Field of Research 2020480603. Intellectual property law
440399. Demography not elsewhere classified
300604. Food packaging, preservation and processing
350711. Organisational planning and management
Public Notes

File reproduced in accordance with the copyright policy of the publisher/author.

Byline AffiliationsAustralian Centre for Sustainable Business and Development
School of Law and Justice
Permalink -

https://research.usq.edu.au/item/q4q34/protecting-your-brand-intellectual-property-for-value-added-exports

Download files


Accepted Version
  • 552
    total views
  • 148
    total downloads
  • 5
    views this month
  • 7
    downloads this month

Export as

Related outputs

Justice Alfred Lutwyche and the early supreme court
Nugent, Timothy. 2023. "Justice Alfred Lutwyche and the early supreme court ." Queensland History Journal. 25 (7), pp. 575-588.
Statements of Belief as Political Communication
Nugent, Timothy. 2023. "Statements of Belief as Political Communication." Australian Journal of Law and Religion. 2, pp. 81-89.
Statements of Belief as Political Communication
Nugent, Timothy. 2022. "Statements of Belief as Political Communication." Religious Freedom Sexuality and Gender Identity Round Table Discussion. Toowoomba, Australia 28 Oct 2022 Toowoomba, Australia.
Sustainable open vehicle routing with release-time and time-window: a two-echelon distribution system
Babagolzadeh, M., Shrestha, A., Abbasi, B., Zhang, S., Atefi, R. and Woodhead, A.. 2019. "Sustainable open vehicle routing with release-time and time-window: a two-echelon distribution system." Ivanov, Dmitry, Dolgui, Alexandre and Yalaoui, Farouk (ed.) 9th IFAC Conference on Manufacturing Modelling, Management and Control (MIM 2019). Berlin, Germany 28 - 30 Aug 2019 Laxenburg, Austria. https://doi.org/10.1016/j.ifacol.2019.11.219
A snapshot of the Family Law Pathways Network Program: working at the local community level
Collins, Pauline, Bryce, India and Nugent, Timothy. 2021. "A snapshot of the Family Law Pathways Network Program: working at the local community level." Australian Journal of Family Law. 34 (2), pp. 97-128.
Cockle CJ and Lutwyche J: the early Supreme Court
Nugent, Timothy. 2021. "Cockle CJ and Lutwyche J: the early Supreme Court." Arbiters of Justice: Historical Studies of South Queensland Law Givers. Toowoomba, Australia 26 - 26 Nov 2021 Australia.
Sustainable cold supply chain management under demand uncertainty and carbon tax regulation
Babagolzadeh, Mahla, Shrestha, Anup, Abbasi, Babak, Zhang, Yahua, Woodhead, Alice and Zhang, Anming. 2020. "Sustainable cold supply chain management under demand uncertainty and carbon tax regulation." Transportation Research Part D: Transport and Environment. 80, pp. 1-30. https://doi.org/10.1016/j.trd.2020.102245
Feasibility study for developing an Indigenous branded range of beef products and services (Producer Innovation Fast-track)
Burey, P., Woodhead, A., Kille, T., Zhang, S., Miller, K., Babagolzadeh, M., Pfingst, Jason, Dunrobin, Kelvin, Gorringe, Max, Malone, Johnathon and Perkins, Ian. 2019. Feasibility study for developing an Indigenous branded range of beef products and services (Producer Innovation Fast-track). North Sydney, Australia. Meat & Livestock Australia.
Collaborative Practice in Australian Civil Disputes
Nugent, Timothy. 2020. "Collaborative Practice in Australian Civil Disputes." National Mediation Conference 2020. 24 - 24 Jun 2020 Canberra, Australia.
Collaborative practice in Australian Civil Disputes
Nugent, Timothy. 2020. Collaborative practice in Australian Civil Disputes. PhD Thesis Doctor of Philosophy. University of Southern Queensland. https://doi.org/10.26192/q6x0w
Chinese state-owned enterprises and foreign investment regulation in Australia
He, Ling Ling. 2018. "Chinese state-owned enterprises and foreign investment regulation in Australia." Australian Business Law Review. 46 (5), pp. 272-290.
International regulation of investment by state-owned enterprises: a comparative perspective
He, Ling Ling. 2018. "International regulation of investment by state-owned enterprises: a comparative perspective." Journal of Comparative Law. 13 (2), pp. 189-216.
ASEAN high value add red meat opportunities
Woodhead, Alice, Zhang, Shane, Burey, Polly, Earl, Greg and Miller, Karen. 2018. ASEAN high value add red meat opportunities. North Sydney, Australia. Meat & Livestock Australia.
The Mystery of Civil Collaborative Practice
Nugent, Timothy. 2019. "The Mystery of Civil Collaborative Practice." Australian Dispute Resolution Research Network.
Value chain analysis of high value horticulture products and report documentation from Queensland Murray-Darling Basin
Zull, Andrew, Sun, Ximing (Tim), Nugent, Timothy and Woodhead, Alice. 2017. Value chain analysis of high value horticulture products and report documentation from Queensland Murray-Darling Basin. Toowoomba, Australia. Unpublished.
The diversification dilemma
Nugent, Timothy and Woodhead, Alice. 2017. The diversification dilemma. Toowoomba, Australia. Unpublished.
Quilpie to Brisbane, moving cattle by rail freight: the regular reliable and responsive services challenge
Woodhead, Alice, Nugent, Timothy, McDonald, Lisa and Rezazade, Faezeh. 2016. Quilpie to Brisbane, moving cattle by rail freight: the regular reliable and responsive services challenge. Toowoomba, Australia. Unpublished.
Protecting food brands in China
He, Ling Ling, Woodhead, Alice and Nugent, Timothy. 2016. Protecting food brands in China. Toowoomba, Australia. Unpublished.
Chinese food distribution and retail outlets
Sun, Ximing, Zhang, Shane, Woodhead, Alice and Nugent, Timothy. 2016. Chinese food distribution and retail outlets. Toowoomba, Australia. Unpublished.
Why China? Shanghai and food consumption trends
Ng, Eric, Sun, Ximing, Woodhead, Alice and Nugent, Timothy. 2016. Why China? Shanghai and food consumption trends. Toowoomba, Australia. Unpublished.
The Trans-Pacific Partnership: a quest for a twenty-first century trade agreement (English-Chinese translation)
Zhao, Xiaobo and He, Ling Ling. Lim, C. L., Elms, Deborah K. and Low, Patrick (ed.) 2016. The Trans-Pacific Partnership: a quest for a twenty-first century trade agreement (English-Chinese translation). China. Cambridge University Press.
Reassessing the Australia-China Free Trade Agreement negotiation process
He, Ling Ling. 2015. "Reassessing the Australia-China Free Trade Agreement negotiation process." Frontiers of Law in China. 10 (4), pp. 714-731. https://doi.org/10.3868/s050-004-015-0039-1
Dispute resolution in investment treaties: balancing the rights of investors and host states
Sappideen, Razeen and He, Ling Ling. 2015. "Dispute resolution in investment treaties: balancing the rights of investors and host states." Journal of World Trade. 49 (1), pp. 85-116.
Integrating Australian agriculture with global value chains and Asian customers
Woodhead, Alice, Earl, Greg and Zhang, Shane. 2017. Integrating Australian agriculture with global value chains and Asian customers. Australia. Committee for Economic Development of Australia.
Toowoomba to China: cold chains and premium food exports by air freight
Zhang, Shane and Woodhead, Alice. 2016. Toowoomba to China: cold chains and premium food exports by air freight. Toowoomba, Australia. University of Southern Queensland.
Opportunities for Collaborative Law in Commercial Partnerships
Nugent, Timothy. 2017. "Opportunities for Collaborative Law in Commercial Partnerships." National Mediation Conference 2017.
Sideways story: Aboriginal and Torres Strait Islander community art production and markets
Woodhead, Alice and Acker, Tim. 2014. "Sideways story: Aboriginal and Torres Strait Islander community art production and markets." Journal of Australian Indigenous Issues. 17 (4), pp. 108-130.
Conflict and Collaboration on Queensland's Agricultural Rail Lines
Nugent, Timothy and McDonald, Lisa. 2016. "Conflict and Collaboration on Queensland's Agricultural Rail Lines." 2018 Australian Regional Development Conference. Canberra, Australia 17 - 18 Sep 2018 Canberra, Australia.
In the shadow of the Australia-China Free Trade agreement negotiation: obstacles and suggestions
He, Ling Ling. 2010. "In the shadow of the Australia-China Free Trade agreement negotiation: obstacles and suggestions." 2nd Biennial Global Conference of the Society of International Economic Law (SIEL 2010). Barcelona, Spain 08 - 10 Jul 2010 London, United Kingdom. https://doi.org/10.2139/ssrn.1632471
Investor-state arbitration : the changing landscape
He, Ling Ling. 2012. "Investor-state arbitration : the changing landscape." 2012 Australian and New Zealand Society of International Law and Asian Society of International Law Joint Conference on International law and Justice. Sydney, Australia 25 - 26 Oct 2012 Canberra, Australia.
Some reflections on the Australia-China Free Trade Agreement negotiation process
He, Ling Ling. 2012. "Some reflections on the Australia-China Free Trade Agreement negotiation process." Bell, Felicity, McKay, Carolyn, Orchiston, Tashina, Sapienza, Amanda, Steele, Linda and Walsh, Greg (ed.) Sydney Law School 2012 Postgraduate Conference: Crossing Boundaries. Sydney, Austalia 01 - 02 Nov 2012 Sydney, Australia.
Mapping anti-dumping disputes from 1995 to 2011: the changing pattern
He, Ling Ling and Sappideen, Razeen. 2012. "Mapping anti-dumping disputes from 1995 to 2011: the changing pattern." Journal of World Investment and Trade. 13 (1), pp. 125-143. https://doi.org/10.1163/221190012X621562
Overseas trade law: observations on the Australia-China Free Trade Agreement negotiation process
Sappideen, Razeen and He, Ling Ling. 2010. "Overseas trade law: observations on the Australia-China Free Trade Agreement negotiation process." Australian Business Law Review. 38 (4), pp. 257-264.
The payment system in China
He, Ling Ling and Sappideen, Razeen. 2008. "The payment system in China." Journal of International Banking Law and Regulation. 23 (3), pp. 168-174.
On eliminating non-tariff barriers in a time of worldwide economic crisis: China's role
Sappideen, Razeen and He, Ling Ling. 2010. "On eliminating non-tariff barriers in a time of worldwide economic crisis: China's role." Macquarie Journal of Business Law. 7, pp. 32-52.
Dispute settlement under free trade agreements: the proposed Australia-China free trade agreement
Sappideen, Razeen and He, Ling Ling. 2011. "Dispute settlement under free trade agreements: the proposed Australia-China free trade agreement." Journal of World Investment and Trade. 12 (4), pp. 581-602.
China's WTO participation in anti-dumping disputes (2001-2011)
He, Ling Ling. 2012. "China's WTO participation in anti-dumping disputes (2001-2011)." Frontiers of Law in China. 7 (4), pp. 616-643. https://doi.org/10.3868/s050-001-012-0029-2
Investor-state arbitration: the roadmap from the multilateral agreement on investment to the trans-Pacific partnership agreement
Sappideen, Razeen and He, Ling Ling. 2012. "Investor-state arbitration: the roadmap from the multilateral agreement on investment to the trans-Pacific partnership agreement." Federal Law Review. 40 (2), pp. 207-227.
Reflections on China's WTO accession commitments and their observance
He, Ling Ling and Sappideen, Razeen. 2009. "Reflections on China's WTO accession commitments and their observance." Journal of World Trade. 43 (4), pp. 847-871.
Investor-state arbitration under bilateral trade and investment agreements: finding rhythm in inconsistent drumbeats
He, Ling Ling and Sappideen, Razeen. 2013. "Investor-state arbitration under bilateral trade and investment agreements: finding rhythm in inconsistent drumbeats." Journal of World Trade. 47 (1), pp. 215-242.
On re-invigorating the Australia-China Free Trade Agreement negotiation process
He, Ling Ling. 2013. "On re-invigorating the Australia-China Free Trade Agreement negotiation process." Journal of World Investment and Trade. 14 (4), pp. 672-696. https://doi.org/10.1163/22119000-01404004
Dumping and anti-dumping measures
Sappideen, Razeen and He, Ling Ling. 2013. "Dumping and anti-dumping measures." Carr, Indira, Alam, Shawkat and Hossain Bhuiyan, Md Jahid (ed.) International trade law and the WTO. Sydney, Australia. Federation Press. pp. 166-206
Free trade agreements and the US-China-Australia relationship in the Asia-Pacific region
He, Ling Ling and Sappideen, Razeen. 2013. "Free trade agreements and the US-China-Australia relationship in the Asia-Pacific region." Asia Pacific Law Review. 21 (1), pp. 55-76.