Intellectual Property: How Can I Protect It?

Intellectual Property

What is Intellectual Property? 

Intellectual Property (IP) refers to creations of the mind, such as brands, logos, inventions, designs, artistic works, new plant varieties and the like. IP is legally protected through mechanisms like patents, copyrights, and trademarks, allowing individuals to gain recognition or financial rewards for their inventions or creations.

In Australia, protecting your IP is essential for maintaining control over your ideas, innovations, and brand identity. Fortunately, there are legal frameworks and resources available to safeguard your IP.  

 

Here’s a guide on how you can protect your IP in Australia.  

Copyright 

Copyright safeguards the creative expression of ideas in forms such as writing, music, visual art, films, and computer programs. It grants the owner exclusive rights to use, reproduce, license, perform, and modify the work.  

In Australia, the Copyright Act 1968 (Cth) regulates copyright protection in relation to original literary, dramatic, musical and artistic works, and other protected subject matter.  

Copyright protection in Australia is automatic from the moment it is documented whether on paper or electronically. 

 

Trade marks 

 A trade mark is a sign used to set your goods and services apart from those of other businesses and competitors. It can take the form of a business name, logo, letter, number, word, phrase, sound, smell, shape, image, or an element of packaging.  

Unlike copyright, trade mark protection is not automatic and must be registered with IP Australia. Registering your IP with this agency provides formal recognition of your rights and helps prevent others from infringing upon them. 

 

Patent 

A patent grants the holder exclusive rights to commercially exploit an invention, device, substance, method or process for a set period (typically 8 years to 20 years in Australia).   

A patent requires the invention to be novel, inventive, and useful. It must have an inventive step or an innovative step.  

Patents are governed by the Patents Act 1990 (Cth) and administered by IP Australia.  

 

Monitor and Enforce Your Intellectual Property Rights 

Monitor your protected IP and take action if someone infringes upon it. Here are a few ways to do so: 

  • Trademark searches: Regularly check IP databases to see if someone is using your trademark or patented invention without permission. 
  • Watch services: Engage law firms or organisations which offer IP watch services to monitor unauthorised use of your IP, especially trademarks. 
  • Take legal action: If you identify an infringement, consider sending a cease-and-desist letter, filing a complaint, or initiating legal proceedings to protect your IP. 

 

Key takeaways  

  • Register your trade mark. 
  • Speak to a lawyer about potential copyright infringements. 
  • Monitor your IP to ensure no one infringes upon it.

 

 

Gladwin Legal are experts in IP Law and have extensive experience in advising businesses. If you require assistance in understanding your legal obligations, please contact us at or 1300 033 934.