Australia-Republic of Korea Free Trade Agreement negotiations

Fact Sheet: Intellectual Property, Electronic Commerce and Competition Policy

Fact Sheet: Intellectual Property, Electronic Commerce and Competition Policy [PDF 46 KB]

The Korea-Australia Free Trade Agreement (KAFTA) includes Chapters on Intellectual Property, Electronic Commerce and Competition Policy that will facilitate trade and investment by:

Intellectual Property

The Intellectual Property Chapter reinforces commitments Australia and Korea have made under the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights. Korea and Australia have committed to accord national treatment in relation to the protection of intellectual property rights, with appropriate exceptions, and agreed to specific commitments on patents, trademarks, copyright and related rights, and enforcement. The Chapter also establishes mechanisms to facilitate future cooperation between Australia and Korea on the protection of intellectual property, including in the area of geographical indications and common names.

Provisions on the enforcement of intellectual property rights clarify civil and administrative procedures and remedies to ensure judicial authorities have appropriate authority to deal efficiently and effectively with infringement cases. The Chapter also includes requirements related to border measures which ensure that authorities are able to deal with suspected infringing goods.

Electronic Commerce

The Electronic Commerce Chapter will aid Australian business in harnessing the efficiencies of electronic commerce, while ensuring the protection of consumers engaging online. Key commitments include:

Competition Policy

The Competition Policy Chapter contains important commitments that ensure trade and investment liberalisation achieved in the Agreement is not undermined by anti competitive practices.

Australia and Korea have committed to: