The small business specialists
Phone: 13 12 49
Intellectual Property (IP) represents the property of your mind or intellect. If you develop a new product, service, process or idea it belongs to you and is therefore your intellectual property. If you want to ensure exclusive legal ownership, you must formally register your IP.
IP can be a valuable business asset so it's important that you understand and know how to protect it.
There are seven types of IP protection available for your idea:
You can register your patents, trade marks, designs and plant breeders rights with IP Australia.
It's also important to note that registering your IP rights provides coverage in Australia only. You must apply for international protection separately, and in each country where you want your intellectual property to be protected.
Learn about intellectual property and how it applies to you and your business on the IP Australia website
IP Australia eServices
eServices is a secure, reliable and convenient way to access a range of IP Australia's transactions and services. With eServices you are able to view your history; apply, renew or amend your application; save or resume a current eService and make payments.
If you do not use eServices, the IP Australia website forms page provides downloadable PDFs of all their forms (in alphabetical order).
You can also submit your applications by:
TIP: If you want exclusive rights / ownership over a particular name you will need to trademark it. The process of registering a business, company or domain name does not give your proprietary rights to the name.
Once you have identified your intellectual property you should develop strategies to protect your rights. Failing to do so could put your business at risk.
In addition to registering your IP there are some general protective measures you should take to safeguard your idea before it is registered. Read more...
Legal action can be taken under common law for infringement of trade secrets, passing off, breaching confidentiality agreements and infringing the rights of owners of both registered and non registered IP.
Enforcement of IP rights is the responsibility of the owner of the IP. Legal advice on whether or not to pursue infringement of rights should be weighed against the likelihood of the success taking legal actions and the costs involved.