Defend your rights
Obtaining IP rights
To register a patent, trade mark or design you need to file an application and pay a fee.
In Australia, copyright protection is free and automatic as long as your work is original and falls within one of the categories of protected material such as artistic works.
Maintaining your IP rights
If you own registered IP you are responsible for maintaining and managing your IP. This means that you need to keep track of important dates relating to your IP right and keep your personal details current. IP professionals such as registered patent and trade mark attorneys may offer services to help you track your IP portfolio.
Extending your IP rights
It is important to make sure that your IP protection covers the products you are currently selling. Your registered IP only provides you with a legal monopoly on what is covered by your registration. If your trade mark is registered for clothing and hats, you will not be able to use it for handbags unless you have extended your trade mark to include the registration of these goods as well.
When you register a design, it is the look of your design that is protected. If your product changes from the design you registered, you should consider registering your new design as your existing IP right may not protect you if others copy the newer version.
Regular audits of your IP can assist you in ensuring that your rights protect you for the products that you manufacture or sell.
Enforcing your IP rights
Your IP is important for your business success and income. You need to know your rights regarding your IP and be prepared to act to protect them.
If you suspect that someone is infringing on your rights (using them without your permission) you should contact an IP professional for assistance. They can help you understand the costs and risks involved in pursuing IP infringement and advise you on the best course of action.
You may not necessarily have to go to court to dispute an IP infringement as many disputes are often settled by negotiation. Be careful not to make unsubstantiated claims about infringement of your IP because you could be sued.
At IP Australia, we are not responsible for policing your IP rights. Registered IP is a property right and it is your responsibility as the owner to maintain and defend it.
Last Updated: 10/12/2012
