Protecting Intellectual Property: A Must-Know for Australian Businesses

A good idea is what separates you from your competition. It’s what makes your business unique and becomes the thing customers know you for.

Ideas are assets, or at least they can be if they’re developed enough to become intellectual property (IP). And as an asset, small business owners need to protect intellectual property like they would physical assets like equipment or products.

What is IP?

Intellectual property is any intangible creation of the human mind. It can be anything from a business name to a brand logo, catchy slogan, or groundbreaking invention.

Australian law protects IP, giving you as the creator exclusive rights to use and profit from it.

Interestingly, the basic principles of IP protection haven’t changed much since they were introduced 550 years ago in Venice. The original statute is pretty wordy but essentially outlines protection for original, useful, properly-formed ideas.

Understanding the IP spectrum

There are different types of intellectual property under Australian law. Understanding where your IP fits is important for getting it recognised and protected.

Patents

A patent protects your inventions and innovative processes from unauthorised use. They’re pivotal for businesses that are built on unique products or solutions.

For example, if you've developed a new type of eco-friendly packaging material or a software algorithm that optimises energy use in buildings, registering a patent ensures that you alone have the right to produce, sell or license them.

Copyright

Copyright applies to tangible, original works of authorship, granting the creator control over reproduction, distribution, and adaptation. Once they're created, works like writings, music, artistic designs, and software are automatically covered by Australian copyright law.

This could range from proprietary software code to an original fashion design, marketing campaign content, a manual on business strategies or unique graphics designed for your website.

Trademarks

Trademarks protect your brand from imitation. You can trademark a name, logo, symbol, slogan, scent, colour scheme, motion, song, sound, or even a letter or number as long as it doesn’t appear on the exclusions list.

This type of intellectual property protection lasts 10 years and can be extended for another 10 years. During that time, other businesses or people can’t use the trademarked IP accidentally or otherwise.

Trademarks are Registry’s area of expertise. Our team can help you register a trademark with IP Australia, so you’re protected from imitation – flattering though it might be.

Designs

This type of intellectual property protection covers the aesthetic aspect of a product, like the sleek curve of a smartphone or the unique pattern of a fabric.

Registered designs are crucial for industries where visual characteristics differentiate brands and competing products. Shape, colour, configuration, pattern and ornamentation are all protected characteristics.

Circuit layouts

Layout designs or plans of integrated circuits used in computer-generated designs are a specific type of IP that’s crucial for the tech industry.

The intricate and innovative layouts that power everything from smartphones to space travel to advanced computing systems will become increasingly important for our economy. Circuit layout rights ensure competitors at home and abroad can’t replicate the specific configuration.

Plant breeds

Plant breeders’ rights protect the commercial viability of new plant varieties. This is particularly important in agriculture, horticulture and floriculture, where new, resilient, or high-yield plant varieties can represent significant research investment and the potential to secure our food supply.

For example, creating a drought-resistant wheat variety or a flower with unique colouring can be protected, allowing the breeder to control its sale and reproduction.

Want to know more about trademarks, patents and copyrights?

We looked at the differences in more detail in a previous article, which you can read here. It’s worth brushing up if you’re interested in protecting your intellectual property under the right distinction.

How to protect your intellectual property

Registering trademarks, patents and copyrights

The process for registering each type of intellectual property differs depending on what exactly you’re protecting.

IP protection is relatively simple in the case of copyright. You have a strong case as long as you can prove you created the original work.

Other types of IP protection are more complicated, like trademarks and patents. We recommend getting professional help or working with a lawyer to ensure the registration application is filled out and filed properly.

Inking NDAs

Sharing ideas is exciting, but it pays to be cautious. Signing Non-Disclosure Agreements (NDAs) with suppliers, customers, and collaborators ensures anyone you share confidential information with keeps it under wraps.

Monitoring your brand

Vigilance is key in IP protection. Regularly monitoring the market for trademark infringement or unauthorised use of your brand, including similar logos, names, or products, will help you catch potential infringements before they cause significant damage.

Legal protection is one thing, but if the impersonator manages to erode your brand, dupe customers, or cause serious reputational damage, then it’s hard to reverse the tide.

Challenging infringements

Prompt and decisive action is crucial in IP infringement cases. This might involve sending a cease-and-desist letter, negotiating for removing infringing products, or pursuing legal action if necessary. It’s worth seeking legal advice to ensure your actions achieve the desired outcome.

Protect your intellectual property with Registry’s trademark support

We provide a streamlined, hassle-free trademark registration service to safeguard your brand and creations. Our focus is securing your IP so you can differentiate yourself in the market and get peace of mind that your brand is protected.

Contact our team to learn more about trademarks with Registry.