IP protection
Protecting your IP provides you with the opportunity to make the most of your idea, invention, or brand.
Types of IP protection
IP rights give you the exclusive legal right to take advantage your IP and help you prevent others infringing it. There are different types of IP protection in Australia, each with its own legislation.
- Patents - for new or improved products or processes.
- Trade marks - for letters, words, phrases, sounds, smells, shapes, logos, pictures, aspects of packaging or a combination of these, to distinguish the goods and services of one trader from those of another.
- Designs - for the shape or appearance of manufactured goods.
- Plant breeder's rights - for new plant varieties.
- Copyright - for original material in literary, artistic, dramatic or musical works, films, broadcasts, multimedia and computer programs.
- Circuit layout rights - for the three-dimensional configuration of electronic circuits in integrated circuit products or layout designs.
- Confidentiality/trade secrets - including know-how and other confidential or proprietary information.
Business, company and domain names are not IP rights as such, and do not necessarily give exclusive rights of ownership.
Key concepts of IP protection
IP is a complex area, so keep in mind these key concepts:
- Each type of IP has its own legislation and filing requirements.
- IP has many of the same ownership rights as physical property.
- It is important that you effectively manage your IP to ensure you get the best protection and the most out of your idea/invention.
- The creator of IP is not necessarily the owner - it is important that ownership is addressed through appropriate contractual arrangements.
IP protects your innovative ideas
Australia's IP laws provide a legal framework to protect innovative ideas. The legal protection of IP rights provides writers, journalists, photographers, artists, designers, business people, entrepreneurs, scientists and inventors with the exclusive right to use and control, and therefore profit from, their intellectual and creative endeavours.
IP protects your valuable assets
When most people consider the assets of a business they tend to think only about physical elements such as equipment, facilities, buildings and people. However, IP is an increasingly valuable asset for many businesses, and an important differentiating factor between one organisation and the next. For example, while two companies may each produce a lounge chair, each chair may have a different design, production process and brand name, reflecting different types of IP.
Last Updated: 21/3/2012
