Intellectual property

There are many IP protection rights. The most common types are:

• patents, which protect inventions and new processes
• trade marks, which protect logos, words and other branding
• copyright, which protects art, writing, music, film and computer programs
• registered designs, which protect the visual design of a product
• circuit layout rights, which protect layout designs or plans of integrated circuits used in computer-generated designs
• plant breeder’s rights, which protect the commercial rights of new plant varieties.

Your IP is one of your main business assets. An audit of your business name, brand, and products and services will help you identify what IP you could protect in the future.

Completing an asset register will clarify who owns the IP, its value and how important it is to the success of your business.

When you identify, monitor and value your assets, think about:

• the products or services that are critical to your business
• your legal rights to your products or services
• the market advantages your rights can give you.

Some types of IP must be registered with IP Australia before you can claim ownership. The process includes a formal application and examination.

IP rights that need to be registered are:

• trade marks
• registered designs
• patents
• plant breeder’s rights.

You do not need to register copyright or circuit layout rights.

Registering trade marks, designs, plant breeder’s rights or patents in Australia does not protect your IP in other countries.

If you operate all or parts of your business overseas, you should consider registering IP rights in the country you are doing business with. Doing this will:

• ensure you don't infringe on existing IP rights
• discourage businesses in that country from using your IP without permission
• make it easier for you to enforce your IP rights
• help you enter a market overseas.

Check if your IP is available overseas

If you want to operate your business overseas, you'll need to check for existing IP rights in the country you want to do business with.

If there's already a trade mark of the same type, name and class in a country, then you may have problems entering that market.

Using someone's IP without their permission is IP infringement. This can lead to significant costs and penalties, so it’s important you don’t violate anyone else’s IP.

To protect your own IP, you need to monitor the market for any infringements and take action to enforce your rights. IP Australia has more information on preventing IP infringement.

IP disputes can be stressful and difficult to navigate. If you think someone is infringing your IP, there are some things you can do before taking legal action.

IP collaborations

IP Australia’s website helps researchers and businesses who are collaborating understand IP. It offers a range of resources including:

• a checklist covering the main issues to consider
• templates for contracts, confidentiality agreements and term sheets
• guidance and information to help the collaborating parties manage their IP.

This framework helps businesses work with universities on research and commercial projects.

The framework helps businesses by giving: 

• step-by-step information to help you learn more about IP in research collaborations between universities and industry
• standardised agreement templates to help the negotiation process.