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?
IP protection means securing legal rights over the things your business creates, such as your brand name and logo, your products and packaging, your creative content, inventions or processes. These rights may give you exclusive rights to use or allow others to use your ideas and brand.
In practical terms, IP protection can make copying less likely and give you options if you identify possible infringement (sometimes called 'suspected infringement' in legal terms).
For a small business, protection can make it safer to invest in new products and marketing. It can also make partnering easier, because other businesses can trust that you control the key assets of the deal. Clear rights can increase business value and help you stand out from look‑alike competitors.
What IP protection may allow you to do includes:
- Take action to stop others using your brand to sell things without your permission through a registered trade mark.
- Take action to stop others making, using or selling your invention in Australia with a granted patent.
- Take action to stop others using the look of your product with a registered design.
- Control copying, sharing and public use of your creative works under copyright. Copyright protects the way you express an idea, not the idea itself.
- License or sell your IP to create income or expand into new markets.
Some IP rights come from registration, like registered trade marks, patents and designs. Others arise automatically under the law, like copyright, which protects original creative works from the moment they are created. Unregistered trade marks exist, however they are usually harder to prove and rely on reputation and the Australian Consumer Law. You can seek advice from IP professionals such as IP lawyers, trade mark or patent attorneys to understand what types of IP rights would best protect your business and get help in the registration process.
IP rights are specific; they cover the goods or services you list, the invention you detail in your application, or the design you register. They also work country by country. If you plan to sell or manufacture overseas, you may need to look at protection in those places too. Systems like the Madrid System (an international system for trade marks) or the Patent Cooperation Treaty (an international system for patents) can help with seeking rights in multiple countries.
Protection is only part of the picture. Using your brand consistently, keeping good records, and having clear contracts (for employees, contractors and suppliers) can help you keep control. If a contractor or an employee creates something for you, they may own the IP unless your contract says otherwise.
Monitoring the market can alert you to suspected infringement early, when problems may be easier to resolve.
A binding determination of infringement comes from a court. Many issues can be resolved earlier through discussions, online take‑down requests or other dispute resolution options.
Different bodies play different roles. IP Australia examines and registers trade marks, patents, designs and plant breeder's rights, and runs processes like oppositions and hearings which allows people to disagree with IP Australia's decisions. IP Australia does not police or enforce private infringement disputes.
Courts can decide legal disputes, but there are many ways to deal with legal disputes which avoid going to court. Qualified legal professionals can provide tailored help if you want to explore protection or enforcement options.
If holding your edge in business matters - protecting your brand, products and content - exploring IP protection can make it safer to grow your business, and improves the value of your business. You can start small and add more protection as your business and budget grow.
See also
- Understanding intellectual property (IP) | IP Australia
- Types of IP | IP Australia
- Someone is using my IP | IP Australia
- How to engage an IP attorney |Trans-Tasman IP Attorneys Regulation
- About us | ASBFEO