- Director General’s introduction
- Agency overview
- Operating context
- Performance
Environment
Intellectual property is an important economic asset that incentivises innovation and creates a secure environment for investment, research and development and trade. In an uncertain and diverse world, IP Australia aims to offer an easy-to-use, fair and efficient IP system to help Australians and our regional neighbours benefit from great ideas.
Innovation based on collaboration, cooperation and the exchange of know-how is vital to Australia’s economic success. Australia has a strong advantage in emerging technologies including quantum, artificial intelligence, and clean energy generation. By harnessing these strengths, we can supercharge the growth of new industries and gain a competitive edge.
Patents are an important aspect in influencing how Australian research and development intensive firms bring innovations to the market. In Australian businesses, patenting is linked to a higher propensity to collaborate, in forming joint research and development, and joint commercialisation arrangements.
In exchange for protection, IP encourages the sharing of original ideas. The spread of generative artificial intelligence (AI) technologies presents both opportunities and challenges in how we administer IP rights. IP Australia is examining how these generative AI technologies are already starting to disrupt or impact the IP rights system. We will continue to explore how we might respond to ensure our services remain fit for purpose and continue to balance the interests of both existing rights owners and AI innovators, so that all Australians can benefit from great ideas.
Indigenous Knowledge (IK) is an important cultural and economic asset belonging to Aboriginal and Torres Strait Islander peoples, their communities, organisations and businesses. Following the success of the Diplomatic Conference on patent disclosure of genetic resources and associated traditional knowledge at WIPO in May 2024, we will continue to work closely with other WIPO member states on more reforms to the international IP system to protect First Nations peoples’ traditional knowledge and cultural expressions.
As a government regulator and cost recovered agency, we charge fees for our IP rights services in accordance with the Australian Government Charging Framework. We must ensure our fees are consistent, transparent and recover the costs associated with administering the IP rights system in Australia. Economic conditions and the associated upwards or downwards trends in the filing patterns in IP rights can impact our financial sustainability. We are continually assessing our internal efficiency and performance to ensure that our services are effective, responsive and financially sustainable.
We are focused on investing in our people, deepening APS capability and reducing potential risks to integrity, expertise and public trust in line with the APS Reform Agenda. We engage the expertise of contractors predominantly for roles which are highly specialised and technical, require independence or where APS recruitment processes for critical roles have been unsuccessful. In accordance with the APS Strategic Commissioning Framework, in 2024–25 we will focus on reducing outsourcing in roles across our core work functions. We expect these efforts to lead to a reduction of approximately $950,000 in the coming year and will continue to consider and meet the requirements under the framework across the period of this plan.
Cooperation
In administering the Australian IP system, we need to connect with stakeholders both at home and overseas. These connections help us shape the IP system to benefit Australia’s national interests.
We collaborate with other government agencies, including the Department of Industry, Science, and Resources, the National Indigenous Australians Agency, the Office for the Arts, the Attorney General’s Department, the Department of Agriculture, Fisheries and Forestry, the Department of the Prime Minister and Cabinet and the Department of Foreign Affairs and Trade (DFAT). This collaboration enables us to influence the development of government policy and legislation related to IP, and support growth in industries such as health, computing, agriculture, design and research commercialisation.
Australia’s national economic and security agenda depends on strong and resilient industries that use critical and innovative technologies. These technologies produce profits and secure many sectors including Australia’s cyber, defence, space and clean energy capabilities. We use our data capability and IP expertise with analytics and economic insight to help researchers, businesses and policymakers make these industries robust, resilient and globally competitive.
Australian businesses rely on exports and trade as key sources of income. We support DFAT in negotiating IP chapters in Free Trade Agreements. We also support other IP offices by providing support and training, including through the WIPO Funds-in-Trust program funded by DFAT’s Aid for Trade Program. These activities help to create consistency for Australian exporters who can then be more confident their IP is protected when they export to international markets.
- Consumer bodies, professional associations
- International bodies: WIPO
- Government: Commonwealth departments and agencies working together to support jobs and growth
- Researchers, research organisations, and universities
- Thought Leaders: Innovators, business, industry leaders, prominent speakers providing regular commentary.
- Applicants/Rights Holders (fee payers): All organisations, big and small, who hold a right including those applying through attorneys.
- Innovators/Business: All organisations, big and small, who could potentially apply for a right.
- Delivery partners: Business and entrepreneurs – includes technology companies, message multipliers sharing IP messaging.
- IP Attorney profession: Assist applicants by providing advice for drafting, filing and defending applications. Provide feedback and we collaborate on delivery of services.
- First Nations Peoples
Capability
Strategic policy and international engagement
Our Strategic Policy and International Committee is responsible for governance of our strategic policy and international engagement. Our ongoing efforts include helping small and medium enterprises and exporters to make the most of their ideas in domestic and foreign markets; to ensure that our laws are suitable for their needs; and to use our capacity to shape international IP developments, through WIPO and with other IP offices abroad, both pro-actively and in response to a changing global context. This work contributes to achievement of Strategic Objective 1.3 Increase our reputation, influence and contribution to the IP eco-system.
Investment, ICT and property
Our Investment, ICT and Property Committee (IIPC) oversees a rolling ten-year investment plan for capital budget prioritisation and implementation. As a cost-recovered agency, this helps us to be disciplined in our investment approach and gives us a forward view of where IP Australia is focusing on capability development through using our cost-recovered cash reserves. The IIPC also governs our ICT Strategy 2022–2025. This shows how we use technology to support IP Australia fulfill its purpose and meet the needs of our workforce, customers, and wider stakeholder groups. The strategy ensures the delivery of reliable and secure IT services and is updated yearly to reflect current technological advancements and new innovations. This work contributes to the achievement of Strategic Objective 3.1 Create and continually improve capabilities that meet the current and future needs of the IP rights system.
People Strategy
We are a high performing organisation that delivers excellent results for our customers and stakeholders. We will continue to invest in our people, as they are our most important asset. Our People Strategy 2024–2027 focuses on the key areas of flexibility, innovation, capability uplift, social connection and cohesion. This Strategy will inform our actions and initiatives throughout the period of this plan enabling our culture as a high-performing organisation. The Strategy is governed by the People Strategy Committee and shows our commitment to enhancing our performance and capability to ensure a more adaptable, resilient and thriving organisation. This work contributes to the achievement of Strategic Objective 3.1 Create and continually improve capabilities that meet the current and future needs of the IP rights system, and 3.2 Build a workplace culture that is customer centric, empowered, inclusive and risk-engaging.
Innovation
We are committed to facilitating, promoting, and protecting innovation as a part of our ongoing operations. We take a portfolio approach to innovation to ensure we consider the strategic priorities of the agency and the needs of our customers and stakeholders. Our Innovation Framework supports our innovation efforts and embeds innovation in our governance, operational practices, and capability framework. This approach is governed through the Executive Board and its Committees and contributes to the achievement of Strategic Objective 4.1 Increase innovation and adaptiveness in our stewardship of the IP rights system.
Information and data
Effective use of data and information is integral to our work, informing evidence-based decision making. Our Data, Information and Analytics Strategy 2023–2026 sets out 4 pillars where we will focus our continuous efforts to enhance culture where data is an asset, improve the quality and management of our data governance, enhance the way we discover, use and share data, and safely experiment on our data to foster innovation. The Strategy is governed by the Information and Data Committee and supported by our Centre of Data Excellence. The Centre of Data Excellence is responsible for data and information governance within the agency and the central point for data related enquiries. This work, in conjunction with the ICT Strategy 2022–2025, contributes to the achievement of Strategic Objective 3.1 Create and continually improve capabilities that meet the current and future needs of the IP rights system, 3.2 Build a workplace culture that is customer centric, empowered, inclusive and risk-engaging, and 4.2 Create innovative contemporary digital and data driven customer services and staff experiences.
Risk oversight and management
Our approach to risk management is not about stopping or preventing action, it is about empowering staff to engage with risk to support informed choices. As an agency we are committed to developing a positive risk culture where all staff confidently respond to uncertainties and opportunities in their work.
Staff members are encouraged to pursue, retain and accept risks that have been well considered within the bounds of the agency’s appetite for risk and their personal responsibility and accountability limits. This is done in an open and transparent manner to reduce threats and seize opportunities for the benefit of the agency.
To ensure effective governance, IP Australia embeds risk management through the following business processes:
- risk management and assessment systems to support business processes including project and program management, integrity, change management, procurement and contract management, and planning activities
- enterprise resilience framework
- strategic and operational planning
- alignment to our regulatory performance framework
- audit and assurance programs
- consideration of risk management as standing items at quarterly Executive Board meetings, governance committee meetings and IP Australia’s Audit Committee.
IP Australia actively pursues the development of a positive risk culture where staff at all levels understand and manage risk as part of their day-to-day activities.
To help staff implement the risk management policy and framework, and achieve the desired level of risk maturity, IP Australia promotes risk capability development. “Engage with Risk” is a core capability for all staff members and individual performance and development plans are used to directly engage staff with risk capability development. Structured and ad hoc learning and development processes aimed at all stages of the learning journey, from induction through to Senior Executive Service (SES) specific programs, support the framework.
We assess our risk management culture through our internal audit program and other benchmarking activities.
IP Australia’s Risk Management Framework includes:
- Accountable Authority Instructions — sets out instructions from the Director General on managing risk within IP Australia.
- Risk Management Policy and Framework — defines IP Australia’s approach to the management of risk, including our attitude to and objectives for risk management.
- Risk Management Plan — ensures that risk management processes are efficiently integrated into day-to-day work.
- Risk objectives, appetites, and tolerances — establishes how risk is measured.
- Information sheets — provides a pragmatic, simple and consistent approach to help staff manage risk.
Strategic risk
IP Australia faces a broad range of risks reflecting its responsibilities as an administrator, service provider and regulator for Australia’s IP rights system. The following categories of strategic risk are used to measure and monitor threats and opportunities that may impact the achievement of IP Australia’s Strategic Objectives and Purpose.
IP Eco-System
Risk objectives
We are committed to fostering a thriving IP ecosystem that inspires and encourages innovation, achieves government objectives, and adds value to the global IP community, rights holders and the public interest. We uphold the integrity of the system and keep it safe from abuse.
Risk response
We have established processes for the identification and prioritisation of policy issues to ensure the IP legislative framework keeps pace with what we are doing and what is happening within the broader IP ecosystem. This is governed by our Strategic Policy and International Committee.
Confidence
Risk objectives
As an administrator and service provider for Australia’s IP rights system we are committed to delivering high-quality and timely IP rights. Our customers must have trust in the value of IP, have confidence in our ability to meet their needs, be able to easily interact with our services, and have access to accurate information and data.
Risk response
The production of high-quality IP rights is critical to our work and is supported through the implementation of our Quality Management System. The Information and Data Committee oversees the governance of information and data management within the agency.
Customer and Stakeholder Engagement
Risk objectives
We engage effectively with a diverse range of customers and stakeholders, domestically and internationally. We focus on collaboration and meaningful engagement to improve our effectiveness, performance, and expand our sphere of influence.
Risk response
We have strategies and procedures in place to manage and implement activities to support the growth and sustainment of relationships with customers, stakeholders and partners.
Governance
Risk objectives
We meet and administer our legislative responsibilities, fulfilling the Commonwealth’s policy agenda, adhering to our Accountable Authority Instructions, and maintaining relevant certifications.
Risk response
We have established frameworks, and underpinning policies and procedures, to govern IP Australia in accordance with our legislative obligations. The Executive Board has responsibility for implementation, and our annual internal audit program and Audit Committee provide independent advice and assurance.
Financial
Risk objectives
We take a strategic approach to investment to ensure our long-term sustainability and build our capacity to adapt to the changing needs of our customers and stakeholders.
Risk response
Our established governance arrangements, financial management practices and internal controls, enable us to monitor, manage and report on our entity’s financial performance and sustainability. These activities are overseen by IP Australia’s Investment, ICT and Property Committee. Independent advice and assurance are provided through our internal audit programs, and our Audit Committee.
Workforce
Risk objectives
Our diverse, agile and capable workforce delivers value to the Australian community and our international partners. We aim to be an employer of choice and remain at the forefront of flexible working solutions.
Risk response
We have developed a new People Strategy to leverage our existing workforce and created strategies to ensure we can meet future workforce needs and capabilities. The People Strategy Committee is responsible for the governance of workforce issues.
Risk appetite
IP Australia supports Australia’s innovation system by delivering world-leading IP services that are modern, effective and efficient to ensure all Australians benefit from great ideas. We recognise it is not possible, or necessarily desirable, to eliminate risks inherent in our activities. Our risk appetites reflect these principles, are aligned to our strategic risks, and embedded into organisational decision-making. Our risk appetites and tolerances are updated dynamically to reflect our operating environment and staff members are supported to make decisions reflecting established appetites, tolerances, and risk escalation framework.
