Glossary
Alleged infringement / Suspected infringement - Infringement is the unauthorised use of intellectual property. IP infringement is complex and only a court can decide if infringement has happened. Until then, we refer to it as 'alleged' or 'suspected'.
Authorised user -Someone who has permission to use an IP right from the owner. This is different from ownership but still gives certain rights.
Cease and desist letter (or letter of demand)- A letter sent to someone asking them to stop doing something that may be a suspected infringement of your IP rights. Letters of Demand and Cease and Desist letters are not the same, though they usually play a similar role in legal disputes.
Commercialisation - Turning your idea or invention into a product or service that earns income. This may involve licensing, selling, or launching the product yourself.
Confidentiality agreement - A legal agreement that requires someone to maintain secrecy about certain information. This helps protect sensitive information like an idea, design, or invention which is vital when dealing with IP in various situations.
Copyright - An automatic IP right that protects original works like writing, music, film, art, and software. You don’t need to register copyright in Australia - it exists as soon as the work is created. Copyright does not cover ideas alone though; it applies only to expressions of ideas.
Designs or Design Rights - A type of IP right that protects the visual appearance of a product. In Australia, this means a registered design. It must be new and distinctive. Sometimes called a 'design right' or 'industrial design'.
Domain name dispute - A process you can use if someone registers a web address that you believe is misleading in relation to your business. This often involves the .au Dispute Resolution Policy (auDRP).
Enforcement - Any actions which assert an IP right which aims to prevent further infringement or get compensation for past infringement.
Exclusive rights - A legal right that allows someone to stop others from using their IP without permission. This right usually comes from successful registration or grant of an IP right.
Grant - It means the IP right has been officially given to the owner by IP Australia. This term is used for patents and plant breeder’s rights, while trade marks and design rights use the term ‘registered’.
Idea theft - Everyday language for when someone copies your work, product or concept. Often used to describe suspected infringement. Idea theft may or may not meet the definition of infringement depending on the details.
Invention - A new and useful product or process, which may be eligible for patent protection.
Infringement - Infringement occurs when someone uses your registered intellectual property (like a patent, trade mark, or copyright) without your permission in a way that breaches your legal rights.
IP (Intellectual Property) - Creations of the mind, such as names, logos, inventions, designs, images, and written work. These can be legally protected as IP rights.
IP Australia - The Australian Government agency that manages the registration of patents, trade marks, designs, and plant breeder’s rights. IP Australia decides if applications for a right can be registered or granted, and maintains a public register of these rights.
IP attorney - A qualified expert (trade mark attorney or patent attorney) who can help you with registering or enforcing your IP. They aren’t necessarily lawyers, but they are authorised to advise and act on your behalf for IP matters under IP law.
IP Lawyer - A legal professional with a law degree who specialises in intellectual property law and helps individuals or businesses protect, enforce, and manage their IP rights, such as patents, trade marks, and copyrights.
IP rights - Legal rights that give someone ownership and control over their IP. These include, but are not limited to, patents, trade marks, designs, plant breeder’s rights (PBRs), and copyright.
Letter of demand - A formal letter asking someone to stop using your IP and possibly pay compensation. Letters of Demand and Cease and Desist letters are not the same, though they usually play a similar role in legal disputes.
Mark - This is a sign that can distinguish a company's goods or services from those of others. While this is most often in the form of words, images and logos, it can also come in more unconventional forms such as sounds, videos, colours, scents, etc.
Opposition - A formal administrative process run by IP Australia where someone tries to stop a trade mark, patent or design from being registered or granted.
Owner / Rights holder - The person or business that owns a registered IP right. They have the exclusive right to use the IP and to take enforcement action.
Patent - A right that protects how an invention works. It must be new, useful and involve an inventive step. You apply through IP Australia. A granted patent gives strong exclusive rights for up to 20 years.
Passing off - A legal claim you might use if someone is using a similar name or visual to mislead customers. Both registered trade mark owners and unregistered trade mark owners can bring a claim of passing off.
Platform takedown - A request sent to an online platform that sells or advertises products (like Amazon or Instagram) asking them to remove listings or content that may be using IP without permission.
Plant breeder’s rights (PBRs) - Protection for new plant varieties developed by plant breeders. This gives the owner the right to control how the plant variety is used, sold or reproduced.
Registration - The process of officially applying for an IP right with IP Australia and meeting all the legal requirements. Once something is registered, the owner has certain exclusive rights to use it. The process is also sometimes called a ‘grant’ depending on the IP type.
Reputation damage - The potential harm to your business image or goodwill from potential customers that can happen if someone else is using your IP or if a dispute becomes public.
SME - Small to medium enterprise. Usually defined as businesses with fewer than 200 employees. Many of our guides focus on SME-friendly options.
Suspected infringement - Used instead of simply saying 'infringement'. See 'Alleged infringement' above.
Trade mark - A sign that identifies your goods or services and distinguishes them from others. It could be a name, logo, shape, sound, scent, or colour. While you can use your trade mark without registering it with IP Australia, registration generally gives additional legal protection and stronger enforcement options.
Unauthorised use - When someone uses IP without the owner’s permission. This might constitute infringement.
WIPO - World Intellectual Property Organization. A global agency that supports IP systems around the world, and offers dispute resolution services.
IP right statuses
Each IP right has different possible statuses. The status of a right shows the public how far an application has progressed towards being granted or registered, as well as if an application or right has expired or been withdrawn. Below are the most common statuses, but there are other possible statuses.
Trade mark status
Registered - A trade mark has been approved and added to the official register.
Under examination – The trade mark application is being checked to see if it meets the legal rules.
Accepted – The trade mark application has passed examination and is published so others can see it. It can still be challenged before it’s registered.
Being challenged – Someone is opposing the trade mark after it was accepted. A decision will be made before it can be registered.
Expired – The trade mark registration has ended, usually because it wasn’t renewed on time.
Removed – The trade mark has been taken off the register, often because it wasn’t used or renewal fees weren’t paid.
Patent status
Granted - A patent has passed all checks and has been officially approved by IP Australia.
Filed - A patent application has been submitted but hasn’t been looked at by IP Australia yet.
Under examination - The patent application is being checked by IP Australia to see if it meets the legal requirements.
Accepted - The patent application has passed examination and has been published. It can still be challenged for a short time.
Under opposition - Someone has challenged the accepted patent. IP Australia will review both sides of a dispute before deciding.
Expired - The patent is no longer active, usually because the time limit has run out or fees weren’t paid.
Design status
Registered – A design has been added to the official Designs Register, giving protection but not yet examined.
Certified – The design has been examined and certified by IP Australia. Only a certified design can be enforced in court.
Filed – A design application has been submitted but not yet registered.
Ceased – The design right has ended, usually because the maximum term (up to 10 years) has run out or renewal fees were not paid.
PBR status
Granted – A plant breeder’s right (PBR) has been officially approved by IP Australia. The breeder has exclusive rights over the new plant variety.
Accepted – The application has passed examination and details are published.
Expired – The PBR has ended, usually because the time limit (up to 25 years, depending on plant type) has run out or annual fees were not paid.