Facts n' Stats

IP Myths

Here some myths about IP are put to the test.

My registered business name gives me the right to use that name for my business, products or services.

Only a registered trade mark can provide that right in Australia, for the classes of goods and services for which the mark is registered for. Trade marks and Business Names are registered by different authorities and give the owner different rights.

When I register a business name, no one can stop me from using the name for my business.

Someone may have already registered your proposed business name as a trade mark, so you may be infringing another person’s IP rights.

Business Names Office databases and trade mark data bases are not linked, so it is important to search the Australia Trade marks database separately before applying to register a business name.

My first step when starting a business should be to register a business name.

Before you register your business name, consider all four ‘name’ functions at the same time to ensure you can use the name:

Does your business name infringe anyone else’s trade mark? Check the trade mark database.
Do you want to have a website for your business? Then check domain name databases before you decide on a business name and trade mark. You don’t want to register business names and Trade marks then find out you can’t have the domain name as well.
Search the National Names Index which houses all company and business names at www.asic.gov.au
Also check the Yellow Pages ® directory, and the internet via search engines such as Google for your proposed business name

Doesn’t registering IP rights cost an arm and a leg?

For example, to register a trade mark online in one class of goods or service (e.g. sporting goods) will cost $120 to apply and then $250 to register once it has been examined and accepted. That’s a total of $370 for 10 years protection. Patent costs vary depending on the duration of the protection and whether protection is sought overseas. Other forms of protection don’t cost you at all – copyright and circuit layout rights are free!

While obtaining protection for an IP right is relatively inexpensive, the process can be quite complex, so seeking advice from an attorney is recommended. While attorney fees add expense, their professional advice can add significant value to the strength of the protection.

Can I apply for a worldwide patent for my invention?

There is no such thing as a ‘worldwide’ patent – you need apply in each country you wish to seek protection. The process has been made easier by Australia’s membership to the Patent Cooperation Treaty. See www.ipaustralia.gov.au for more information.

I only have to change my product design slightly to avoid infringing another person’s registered design

Under the current legislation, the design must be considered ‘new and distinctive’ to be granted as a new design right. ‘New’ means that an identical (or very similar) design has not been publicly used in Australia, or published anywhere in the world. A design is 'distinctive' unless it is substantially similar in overall appearance to other designs already in the public domain.

There is no copyright unless a copyright notice is attached to the work

Using the © symbol is not required for protection but it is useful to warn others of your ownership in the work and it serves as a potential warning to infringers.