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Intellectual property

  1. What is Intellectual Property?

Intellectual Property (IP) is property created by your mind and can include inventions, literary and artistic works, trade marks, designs, brands and names.

  1. Can I protect my IP?

Yes, you can. There are a number of ways to protect your IP depending on what it is. The first step to determining whether your IP can be protected is making sure it is new and original. If you believe your IP is new and original, the types of IP protection you can apply for include patents, trade marks and design rights.

If you need help protecting your IP, talk to one of our lawyers immediately as it is essential to start your process as soon as possible.

  1. What is copyright?

Copyright is a form of intellectual property that protects the original expression of ideas, most commonly in written or artistic form. Under Australian copyright law, material is automatically protected by copyright and does not require any sort of specific registration.

  1. Does my IP have to be registered to be protected?

Whilst some forms of IP, like patents, need to be registered to have IP, other forms of IP such as trademarks do not necessarily require registration to have protection. However, registration is definitely recommended as it is the best protection.

  1. What do I do if someone has infringed on my IP?

The answer to this depends on the type of IP right and the type of infringement. Each type of IP right is governed by its own law and it is certainly complex. If you believe your IP is being infringed, contact our office immediately.