Intellectual Property - What is Intellectual Property

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.