Intellectual Property (IP)

Intellectual Property (IP) is any creation of the mind or human intellect. These creations may include literary and artistic works, names, images, musical scores, symbols and more. 

In the absence of a written agreement to the contrary, IP legally belongs to its creator and is legally protected from being copied, distributed or sold without permission. The rights of IP owners are outlined in Australia’s Intellectual Property and Copyright legislation. 

Types Of IP 

Intellectual Property is categorised into five key types. Each type is afforded its own protection under Australian legislation. 

  1. Patents to protect novel inventions and processes across all industries
  2. Trade Marks to protect words, phrases, logos and other unique branding
  3. Copyright to protect writing, art, music and film/media 
  4. Design Rights to protect unique visual design elements of a product 
  5. Plant Breeder's Rights to protect the commercial rights associated with new plant varieties

With the exception of copyright, each type of IP offers a formal registration or application process to secure your IP ownership. This allows you to better defend against infringement and control how your IP is used. In some cases registration is required to prevent you losing your IP rights, such as with patents and designs. 

Determining the value of your IP with regard to your personal or business endeavours can help you decide whether formal recognition is necessary. 

For all copyright-related IP, you are automatically protected the moment your IP is recorded, this could be by writing it down on paper or via digital methods such as typing or making an audio recording.

Who Can Help With IP Queries Or Disputes?

Intellectual Property Law is a specialised field. An IP attorney is trained in all aspects of this legislation and can support you to protect and defend your intellectual property.

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