Question 1

How do I protect my business's intellectual property?

Accepted Answer

IP protection depends on the type of IP involved. Trade marks protect brand names, logos, and slogans and are registered with IP Australia. Patents protect new inventions and innovations. Designs protect the visual appearance of products. Copyright protects original literary, artistic, and musical works and arises automatically upon creation. Confidential information and trade secrets are protected through contractual arrangements such as non-disclosure agreements and employment contracts with appropriate confidentiality provisions.

Question 2

What is the difference between a trade mark and a business name?

Accepted Answer

A business name registration under ASIC allows you to trade under a particular name but does not give you exclusive rights to that name. A trade mark registration with IP Australia grants you the exclusive right to use the trade mark in connection with the goods and services for which it is registered, and the right to take legal action against anyone who uses a confusingly similar mark. Trade mark registration provides significantly stronger legal protection than business name registration.

Question 3

Who owns IP created by employees or contractors?

Accepted Answer

Under Australian law, IP created by an employee in the course of their employment is generally owned by the employer. However, IP created by an independent contractor is generally owned by the contractor unless the contract provides otherwise. It is essential that engagement agreements with contractors include clear IP assignment provisions to ensure the business owns the IP it has paid to develop. The position can be complex where employees or contractors create IP partly within and partly outside their engagement.

Intellectual Property

Industries & Sectors

Andrew Throssell

Gilbert Flynn

Darren Zusman

Facing a intellectual property matter?