ACCESSION OF THE EC TO THE MADRID PROTOCOL Owen Malone Vice President - Intellectual Property Foster’s Group Limited Implications for IP Strategies from a Business Perspective

WIPO & OHIM & EC Conference October 2004 The Era of Intellectual Capital Rapid technological change Growth in market economies Market globalisation Shifting emphasis from capital to intellectual asset utilisation

WIPO & OHIM & EC Conference October 2004 Foster’s Group Limited BeerBeer WineWine SpiritsSpirits Non-alcohol beveragesNon-alcohol beverages

WIPO & OHIM & EC Conference October 2004 ASSETS LIABILITIES Net Assets Market Capitalisation * } $2.3b $5.9b FOSTER’S GROUP SHAREHOLDER VALUE * based on position as at June 2000

WIPO & OHIM & EC Conference October 2004 Impact on Business Intellectual property is a key source of value creation Intellectual assets are increasingly becoming a major basis of differentiation and competitive advantage Protection and management of intellectual property rights are crucial to business strategy and market success

WIPO & OHIM & EC Conference October 2004 Anatomy of Foster’s as a Contemporary International Business Direct brewing interests in Australia, US, UK, Vietnam, China and India Direct vineyards/wine businesses in Australia, NZ, US, UK, Chile, France, Germany, Italy, Netherlands and Switzerland Product exports into 150+ countries across all continents.

WIPO & OHIM & EC Conference October 2004 Key Objectives in IP Brand Management Security and economy through effective trade mark protection in global markets – national laws v global markets Sustaining competitive advantage through developing better methodologies to deal with enforcement issues and threats to brand dilution/control Risk management through maximising the alignment between brand protection and market entry & activity

WIPO & OHIM & EC Conference October 2004 Foster’s International Trade Mark Activity More than century’s experience in dealing with national trade marks systems An early adopter and advocate of the CTM system since its inception A recent participant in International Registrations with Australia’s accession to the Madrid Protocol in 2001

WIPO & OHIM & EC Conference October 2004 Primary Advantages of International Registration More cost-effective and simpler procedures for trade mark protection and maintenance Reduced translation, communication and foreign currency issues, together with management overheads More rapid and consistent validation of rights in different countries Flexibility and enhanced options in trade mark strategies

WIPO & OHIM & EC Conference October 2004 Issues with No Linkage between CTM and Madrid Unnecessary complexity for brand owners - CTM + selective national filings? - Madrid + selective national EC filings? - sometimes just national filings? Result: - Skewing of cost-benefit strategies - Impediment to uptake of international registrations

WIPO & OHIM & EC Conference October 2004 Key Features of Linking the Systems Designation of the EC as a whole in international applications Extended international coverage of CTM registrations/applications via the Madrid system Options to covert failed EC designated application to national applications or designations of EU member states that are party to Madrid

WIPO & OHIM & EC Conference October 2004 The Major Benefits to Business The opportunity to concurrently capture the potential benefits of both system More options and greater coherency in international trade mark filing strategies Significant facilitation of the goal of simple, cost effective trade mark registration internationally New market opportunities and business initiatives

WIPO & OHIM & EC Conference October 2004Summary The IP system is essential infrastructure for innovation, trade and economic growth Inter-operability between Madrid and the CTM improves both market access & opportunity, at both a firm and national level Business threshold criteria re security, retention of competitive advantage, speed to market & cost-benefit will be easier to satisfy The linkage may be instrumental in accelerating accession by countries to Madrid