Intellectual property (IP), such as patents, trademarks and copyrights, is a category of property that includes creation of the mind and is intended to protect these intangible creations. For instance, literary works, artistic works and inventions, symbols, names and designs could be protected by intellectual property laws.
In Australia, you may need to register some types of IP before you have the right to claim ownership. Trademarks, registered designs, plant breeder’s rights and patents need to be registered. On the other hand, copyrights need not be registered.
Through IP, businesses can protect their rights over assets like logos, designs or inventions. If these are not protected by IP, competitors can steal the invention, logo or product and this can have a detrimental impact on your business.
There are numerous laws in Australia that protect IP. This includes:
- Trade Marks Act 1995
- Copyrights Act 1968
- Patents Act 1990
Note: This is not an exhaustive list of relevant legislations.
How to Protect Intellectual Property?
Firstly, if you have recognised that there is some intellectual property that you own (such as a creative literary or artistic work, a logo you designed, a new product or invention), then you need to make sure you register it. Here, you also need to check if registration is required, as protection could sometimes be automatic, but this is not always the case.
Where there is a need to include any IP provisions in contracts, you should do that as a next step. Ultimately, make sure to also regularly check if all your assets and creations are under the right IP protections.
When to speak to a lawyer?
If you are unsure about your IP rights, it is best to speak with an intellectual property lawyer. They can inform you about your rights, and the necessary steps you can take to protect your rights.
Lawyers are also well-versed with all relevant laws that are applicable in every situation. As trademark and IP laws in Australia can be very complicated, it is highly recommended that you obtain legal advice for such matters.