Protecting your intellectual property

Apply for a trademark
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Register a trademark in Australia and/or internationally.

Apply for a patent
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File for patents, designs and secret processes and formulae.

Non-disclosure agreements (NDAs)
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Write non-disclosure agreements (NDAs).

Copyright
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Copyright protections.

Intellectual property audits
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Audit of your intellectual property assets and management practices.

Intellectual property enforcements
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Enforce intellectual property rights against infringement.

IP lawyer

If you have created something original and you want to ensure it's protected, it’s best to engage a professional intellectual property lawyer or law firm. These legal experts specialise in a number of services which will make the process of protecting your intellectual property significantly easier. It’s important to note however that legal fees can be expensive, so you need to consider whether there is sufficient value in protecting your IP.

What sort of IP services are available to me?

  • Copyright protection is used to protect creative works, whether they be artistic, literary, intellectual or anything else. There is no central register for copyrighted works (unlike patents, for example) and copyright is obtained automatically when a work is created, but intellectual property lawyers can assist you in proving your ownership, drafting contracts, handling third party negotiations and preventing exploitation of your copyrighted work.
  • Intellectual property audits are conducted by intellectual property experts and help you establish the current market value and demand for your assets. As with all business assets, IP assets’ value can change over time as the marketplace changes, so it is important to conduct IP audits semi-regularly.
  • Intellectual property enforcement includes both negotiation and legal action to resolve breaches of your intellectual property. IP lawyers can assist you in protecting your trademarks, patents, copyrighted works and designs.
  • Intellectual property management is a suite of services offered by many intellectual property firms which typically includes ongoing assessment of IP value, strategic planning on how to utilise those assets and intellectual property law advice.
  • Trademark registration is handled by IP lawyers, who can conduct availability searches and registration in over 200 countries. The process can be time-consuming and costly, so professional assistance is strongly recommended.
  • Trademark protection includes a number of actions including response to trademark opposition proceedings, negotiations with opposition, drafting contracts and litigation where necessary.
  • Design registration offers you exclusive right to use and license your designs and is an important first step in protecting your IP assets. IP experts will assess previous works for similarity to ensure your design is original enough to register.
  • Design protection includes taking legal action to prevent infringement and oppose similar designs, as well as responding to any similar actions taken against you.

Should I hire an intellectual property lawyer?

If you believe your works are original and valuable it is vital to receive qualified legal advice. IP lawyers are experts in the intellectual property process and can ensure that it is conducted carefully. Registering your IP can be complex, especially if you want your property protected in multiple countries, and any legal action you take to protect your properties or to fight an opposing action should be conducted by a legal professional.

When choosing an intellectual property lawyer you should find one with experience in your specific area and industry. The process for each type of intellectual property is different and finding a lawyer who has worked with people in your industry ensures they will be familiar with your unique business needs.