This IP First Response website has been designed to help IP rights holders navigate IP infringement and enforcement by making it visible, accessible, and to provide information about the factors involved in pursuing different options. It does not provide legal, business or other professional advice, and none of the content should be regarded as recommending a specific course of action. We welcome any feedback via our IP First Response feedback form and by emailing us.
What is it?
Intellectual property (IP) is a term used to describe ‘creations of the mind’ that the law can help protect. This includes things like inventions, brand names, logos, designs, creative works, and plant varieties. Owning an IP right means you may have the exclusive legal right to use, make, sell, or licence the creation.
IP rights can help you stop others from using your work without permission. They can also make your business more valuable by protecting what makes it unique. For example, a registered trade mark can help stop competitors from using a brand name or logo that is too similar to yours. Many businesses use IP to secure investment, create partnerships, or licence their creations to others. This can open up new revenue streams and help build customer trust in your brand.
The main types of IP rights in Australia are:
- Patents – Protect inventions and new ways of doing things.
- Trade marks – Protect brand identifiers like names, logos, and slogans.
- Designs – Protect the visual appearance of a product.
- Plant breeder’s rights (PBRs) – Protect new plant varieties.
- Copyright – Protects original works such as books, music, software, and art.
Some IP rights need to be registered through IP Australia, like patents, designs, and PBRs. While trade marks can be used without registration, some enforcement options are only available for registered trade marks.
Copyright is automatic when you create certain types of works, but registration is available for some kinds of copyright in other countries.
Holding an IP right can make it easier to take action against suspected infringement, including using legal processes to stop the use, sale, or import of copies. This may involve going to a court that can decide whether infringement has occurred, but registered rights may strengthen your position if you need to enforce them.