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.

It’s important to understand how to protect your IP. Some types of IP rights need a formal application and examination before you can claim a right to ownership. These include:

• trade mark
• design
• patent
• plant breeder’s right.

Other forms of IP protection do not need registering, such as copyright.

You may need to protect your IP with multiple types of IP rights.

Registered Australian trade marks, designs, plant breeder’s rights, or patents do 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
• stop other businesses from making, using, selling or importing your product or service
• 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.

Infringing someone else’s IP right

While it's important to protect your IP, it is equally important you don't violate anyone else’s IP.

Using someone's IP without their permission is IP infringement. This can lead to legal costs and penalties.

Someone infringes your IP

Someone may infringe your IP rights if they use, copy or mistreat your IP protected work without your permission.

To take legal action, you'll need to prove that:

• the infringer has copied all or part of your work
• you’re the owner of the IP rights
• the infringer did not have permission or consent to copy your work.

IP legal matters can be complex. You should seek the advice of a legal IP professional in the associated country.

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.