Intellectual Property - What is Intellectual Property?

Intellectual property (IP) law is the area of law concerned with protecting, owning, using and commercialising creations of the mind—for example business names and brands, inventions, product designs, software, written material, photographs and confidential business information.

Australia has both registered IP rights—principally trade marks, patents, designs and plant breeder's rights—and unregistered forms of protection, including copyright, confidential information/trade secrets and circuit layouts. IP Australia administers the principal registered rights.

Intellectual property (IP) is a key asset that requires unique legal protection to help you reap long-term financial and competitive benefits for you and your business.

We are able to provide pragmatic commercial advice to help you enforce your rights or defend an action brought against you in an efficient and cost-effective way.

1. Trade marks

  • Trade marks protect signs that distinguish one trader's goods or services from another's. They can include words, business or product names, logos, phrases and other forms of branding. Registration provides substantially clearer statutory rights than simply using a mark.

2. Copyright

  • Copyright is particularly relevant to websites, photographs, documents, software, marketing material, books, music, videos and other original works. Unlike trade marks, patents and designs, copyright generally arises automatically in Australia rather than through registration with IP Australia.

3. Confidential information and trade secrets

  • Some extremely valuable IP cannot sensibly be registered.

4. Designs

  • A registered design protects the overall visual appearance of a new and distinctive product, rather than how the product operates. Shape, configuration, pattern and ornamentation can potentially contribute to the protected appearance.

5. Patents

  • Patents protect inventions—such as new or inventive devices, substances, methods and processes.

6. IP ownership

  • This is an important area

7. Commercialisation and licensing

  • IP isn't simply something clients register and then put in a filing cabinet. It can be a valuable commercial asset.

8. Infringement and disputes

 

The primary legislation governing IP rights in Australia includes:

  • Trade Marks Act 1995 (Cth) – governs the registration and protection of trademarks in Australia.
  • Copyright Act 1968 (Cth) – provides for copyright protection of original works.
  • Patents Act 1990 (Cth) – governs patent rights.
  • Designs Act 2003 (Cth) – relates to the registration and protection of industrial designs.
  • Breach of IP Laws Act – oversees enforcement and remedies for infringement.
  • In addition to federal legislation, NSW has specific laws that support enforcement mechanisms, including the Fines Act 1996 (NSW) and the Civil Procedure Act 2005 (NSW), facilitating civil enforcement of IP rights.