Can I get in trouble for using someone else's IP?

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) refers to ideas or creations that can legally belong to a person in the form of a property right. Therefore, if you use someone else’s IP without permission, the owner may claim infringement and try to stop you or seek compensation.

Before you rely on using any IP, it helps to check who owns it. You can search the Australian patent, trade mark, design and PBR registers, or look for copyright notices that name the creator.

If you can confirm the identity of the person or business who owns the IP, you may consider obtaining a permission to use it.

Common approaches include a written licence, a distribution licence or buying the IP outright. Licences may be free, paid once, or ongoing; terms usually cover how, where and for how long you may use the IP.

If you’re unsure whether your planned use is legal, you may wish to speak with a qualified legal professional such as an IP lawyer or a trade mark or patent attorney. They can clarify whether an exception applies, such as the 'fair dealing' exceptions in copyright. These may allow limited use for things like research, study or review, depending on the context.

Please note: Even accidental use can attract legal consequences. Written permission, clear records, and professional advice can reduce the chances of a costly dispute later.

Can I get in trouble for using someone else's IP?

What is it?

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