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A new email scam has been circulating, which impersonates registered IP attorneys and pressures applicants into filing a trade mark. Exercise caution if you receive an unexpected email about IP rights. Read more: Scams relating to IP rights
A trade mark legally protects your brand, and helps customers distinguish your goods and services from competitors.
You can use a trade mark for a logo, word, phrase, letter, number, sound, scent, picture, movement, aspect of packaging, or any combination of these.
A patent legally protects your invention or how something works.
You can use a patent for new technology, devices, substances or processes.
A design right legally protects the overall appearance of your new and distinctive product. The appearance may be a combination of shape, colour, configuration pattern and ornamentation.
You can use a design right for the look of a whole, physical product if you're producing it on a commercial scale.
A plant breeder's right (PBR) legally protects the new plant variety you have developed.
You can use a PBR for new variations of plants and trees including flowers, vegetables, fruits, bushes and shrubs.
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You may need to protect your idea with multiple types of IP rights.
There are other types of IP that we don't administer rights for. This includes copyright, circuit layouts and trade secrets.
Copyright protection is free and automatic. It protects your original expression of an idea as soon as you document it.
Copyright protects art, non-commercial designs, music, literature or film. For example, the Game of Thrones TV series.
The Attorney-General's Department manages copyright in Australia.
Similar to copyright, circuit layout rights are free and automatic. They protect the layout designs or plans of integrated circuits used in computer generated equipment. For example, computer chip or semiconductor chip designs for computers or pacemakers.
The Attorney-General's Department manages circuit layout rights in Australia.
A trade secret is confidential information that gives your business a competitive advantage. It may be secret formulas, methods or processes. For example, Coca-Cola's formula is a trade secret.
Trade secrets aren't registered with an IP office. You can protect your trade secrets with secrecy and confidentiality agreements. Common law covers infringement of trade secrets and breaches of confidentiality agreements.
Who owns intellectual property?
The owner of intellectual property (IP) isn't always the person who created the idea. Check you're the rightful owner before applying for IP rights or taking legal action.
Why it's important to value IP
The value of intellectual property (IP) can dramatically increase over the years. It's important to protect your assets early on and plan for business growth.