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?

Australian intellectual property (IP) law is built on a mix of legislation (being Acts and Regulations), case law, conventions, international treaties, practice guidelines and non-legislative instruments. This framework sets out what rights exist, who owns them, and how they can be used, enforced or challenged.

IP legislation is made at a federal level, by the Australian Government (sometimes called the Commonwealth Government). 

See information about what counts as infringement

Each main IP right type has its own Act of the Commonwealth Parliament. The Acts lay the groundwork for the legal principles in IP law. Each Act is accompanied by associated Regulations which provide more detailed rules and procedures to administer the principles provided in the Acts. Case law interprets the legal principles provided in the legislation, including the Acts and Regulations, and creates legal precedent. Case law develops from decisions which are heard by the various courts with responsibility to hear IP disputes. Decisions issued by IP Australia help to illustrate how the law has been applied to real situations. IP professionals understand how these sources work together and can provide tailored advice for your situation. 

Some forms of IP (trade marks, patents, designs and plant breeder’s rights) require formal registration for protection. However, copyright does not require formal registration for protection, which generally starts automatically once the material is created.

IP Australia maintains practise and procedure manuals for how IP rights examiners assess IP applications and how they will approach the legal standards for each of the registered IP rights. These can provide additional insight into the rules and requirements for each of the registered IP rights. 

As IP laws are often complex, people often obtain help for their situation from a qualified IP professional.

Five main Acts of Parliament each deal with specific types of IP:

  • Patents Act 1990 – Sets up a system for protecting inventions that are new, useful and inventive.
  • Trade Marks Act 1995 – Sets up a system for protecting signs used to distinguish goods or services.
  • Designs Act 2003 – Sets up a system for protecting the visual appearance of products that are new and distinctive.
  • Plant Breeder’s Rights Act 1994 – Sets up a system for protecting new plant varieties.
  • Copyright Act 1968 – Sets up a system for protecting original literary, artistic and other creative works. Unlike the other IP types, this system does not need you to register your copyright for it to be protected but does require the work or subject matter to be expressed in a material form.

What are the benefits?

Some benefits of familiarising yourself with relevant IP legislation are

  • It provides common language for use in discussions with advisers, investors and staff.
  • It flags which government agency or register has responsibility for your matter.
  • It may help match your idea or product to the correct IP right.
  • It can give you a sense of whether your IP may already be protected or needs registration.

What are the risks?

  • You cannot understand IP law solely from reading legislation. The nuances of the administration and enforcement of a law can be complex. Reading the law without guidance can leave you unsure of what to do next and may result in misunderstandings of your legal position.
  • Future amendments and evolutions in the law may result in out‑of‑date knowledge if you do not keep up with these changes.
  • Acting without tailored advice may result in accidental non‑compliance and could jeopardise your ability to successfully enforce your IP.

Please note that legislation alone is not the whole picture when it comes to IP and any decisions should be made in consultation with IP professionals who can guide you about how the law applies to your situation.

What are the possible outcomes?

You may gain a clearer idea of which IP right may apply to your situation and the general principles and procedures of IP protection. You may also discover that you need legal help to properly understand your rights and options.

What might the costs be?

There is no financial cost to access Australian IP legislation. The full Acts and Regulations are freely available online at the Federal Register of Legislation.

You can also find more information about copyright on the Attorney-General’s website.

Guidance from official sources like IP Australia is freely available on our website. More detailed guidance to IP law is also available from books, blogs, websites and courses. These may have a cost. 

How much time might be involved?

Time needed depends on the complexity of the law and your experience with legal texts.

Who can use this?

Everyone can access and read Australian legislation. However, most people will not read the legislation as the main way of understanding IP law.

Who’s involved?

The Commonwealth Parliament oversees all federal Legislative Acts. Legislation is administered by government agencies:

  • IP Australia has responsibility for patents, trade marks, designs and plant breeder’s rights legislation and administers the registration system for these IP rights. Our role includes:
    • overseeing the functions of the trade mark, patent, design right and plant breeder's right offices and officers
    • publishing and maintaining the official journals for IP rights in Australia
    • administering applications for trade marks, patents, design rights and plant breeder's rights, including charging fees
    • registering trade mark and patent attorneys and defining their rights of practice
    • accrediting approved persons to supervise and verify plant breeder's rights applications
  • The Attorney-General’s Department has responsibility for copyright and circuit layouts legislation. Their role includes:
    • developing copyright and circuit layouts policy for the government’s consideration
    • representing Australia’s interests on international copyright issues.
    • While the Attorney-General’s Department cannot give legal advice, it can provide relevant information and direct you to resources if you have questions about copyright.
  • Courts and tribunals adjudicate IP disputes. Tribunals includes those disputes heard before IP Australia’s hearings officers or licensing disputes before the Copyright Tribunal.

What do you need to proceed?

You may wish to seek legal advice to help understand the options available to you under IP law. 

See also

Trade marks

Copyright

Patents

Designs

Plant breeder’s rights

Olympic insignias

 

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