Business & Corporate Lawyers › Intellectual Property
Intellectual Property Lawyers — Register It. Protect It. Enforce It.
Trade marks, copyright, patents, and confidential information are among the most valuable assets any business holds. A business name registration or domain name does not give you trade mark rights. Copyright protection is automatic — but proving ownership and pursuing infringement requires specialist advice. An IP lawyer registers, protects, licenses, and enforces your intellectual property — and defends infringement claims made against your business.
⚠ Trade mark registration takes 6–9 months from filing — competitors can apply for similar marks in the meantime. Opposition windows (2 months after acceptance) and infringement limitation periods apply. Get your IP registered now.
What We Help With
Intellectual property — registration, protection, and enforcement.
Trade Mark Registration & Clearance
A registered trade mark gives the owner the exclusive right to use the mark in Australia in relation to the goods and services for which it is registered — and the right to prevent others from using a deceptively similar mark. A lawyer conducts a clearance search before filing, manages the application through IP Australia's examination and acceptance process, and responds to adverse examiner reports.
Trade Mark Infringement & Opposition
Where another business is using a trade mark that infringes your registered mark, a lawyer pursues remedies including cease and desist demands, Federal Court infringement proceedings, and applications for injunctions. Where a competitor has applied to register a confusingly similar mark, an opposition can be filed within 2 months of acceptance. A lawyer also defends trade mark infringement and opposition proceedings.
Copyright — Ownership, Licensing & Infringement
Copyright in Australia is automatic — it arises on creation of an original literary, artistic, musical, or dramatic work. However, copyright ownership issues (particularly who owns copyright in work created by contractors or employees), licensing terms, and infringement claims require specialist legal advice. A lawyer advises on copyright ownership, prepares licences and assignments, and pursues or defends copyright infringement claims.
Patent Applications & Protection
A patent gives the owner the exclusive right to exploit an invention for up to 20 years (standard patent) or 8 years (innovation patent, now phased out). Patent applications require a detailed specification and claims — prepared with reference to prior art. A lawyer (or patent attorney) manages the application process through IP Australia and advises on patent infringement and invalidity.
Confidential Information & Trade Secrets
Confidential information — including customer lists, pricing strategies, manufacturing processes, and business plans — is protected by the equitable doctrine of breach of confidence and by contract (NDAs and confidentiality agreements). A lawyer prepares confidentiality agreements, advises on protecting trade secrets, and pursues remedies where confidential information has been misused — including urgent injunctions to prevent further disclosure.
IP Licensing & Assignment
A trade mark, copyright, or patent can be licensed (allowing others to use it for a fee, subject to conditions) or assigned (transferring ownership to another party). IP licensing is complex — a poorly drafted licence can inadvertently give away more rights than intended or fail to include adequate quality controls. A lawyer prepares and reviews IP licences and assignment agreements to protect the owner's rights and value.
What the Law Says
Intellectual property — the Australian legal framework.
Trade marks — what registration gives you
Registration of a trade mark under the Trade Marks Act 1995 gives the owner the exclusive right to use the trade mark in Australia in relation to the goods and/or services for which it is registered — and the right to prevent others from using a mark that is substantially identical or deceptively similar to the registered mark in relation to the same or similar goods or services. Registration is prima facie evidence of ownership. The trade mark must be renewed every 10 years and must be used — a mark that has not been used for 3 continuous years is vulnerable to removal for non-use. A business name, company name, or domain name registration does not give trade mark rights.
Copyright — automatic protection for original works
Copyright in Australia arises automatically on the creation of an original work — there is no registration requirement. The Copyright Act 1968 protects literary works (including software code and written content), artistic works (photographs, drawings, designs), musical works, dramatic works, films, and sound recordings. The term of copyright protection is generally the life of the author plus 70 years. Copyright gives the owner the exclusive right to reproduce, communicate, publish, adapt, and perform the work. A critical issue in business contexts is who owns copyright in work created by contractors — copyright in work created by an independent contractor belongs to the contractor, not the commissioning business, unless there is a written agreement to the contrary.
Passing off and misleading conduct — unregistered mark protection
Even without a registered trade mark, a business with a sufficient reputation in a name, logo, or get-up can pursue remedies against a competitor whose use of a similar mark constitutes "passing off" (misrepresenting their goods or services as those of the first business) or misleading or deceptive conduct under the Australian Consumer Law (s18 ACL). These claims are available regardless of trade mark registration — but they require proof of reputation and likelihood of confusion, which can be difficult and expensive to establish. Registered trade mark protection is significantly more reliable and easier to enforce.
IP ownership in employment and contractor relationships
Under the Copyright Act 1968, copyright in a work created by an employee in the course of their employment belongs to the employer (s35(6)). However, copyright in work created by an independent contractor belongs to the contractor — not the commissioning business — unless there is a written assignment or the circumstances give rise to an implied licence or assignment. Many businesses are surprised to discover that software, content, designs, and other creative work created by contractors belongs to the contractor. A lawyer advises on IP ownership issues and prepares appropriate assignment clauses in contractor agreements.
Federal Court — IP enforcement jurisdiction
IP infringement proceedings in Australia are brought in the Federal Court of Australia or (for trade mark infringement matters of lower complexity) the Federal Circuit and Family Court. The Federal Court has a specialist IP list with judges who have specific expertise in trade mark, copyright, and patent matters. The Court can make orders for injunctions (preventing ongoing infringement), damages (compensation for past infringement), account of profits (the infringer's profits from the infringing activity), delivery up (requiring the infringer to deliver infringing goods for destruction), and legal costs.
Trade mark classes — what your registration actually covers
Trade marks are registered in specific classes of goods and services under the Nice Classification system (which has 45 classes). A trade mark registration only protects the owner in relation to the specific classes in which the mark is registered — a competitor can register and use the same mark in different classes without infringing. Businesses that expand their product or service range after initial registration need to consider whether their existing trade mark registration covers the new areas. A lawyer advises on class selection for new registrations and on whether existing registrations need to be extended.
How It Works
One request. Expert IP advice and action.
Tell us what IP you need to protect (trade mark, copyright, patent, confidential information), whether you are registering proactively or responding to a threat, and your industry. A lawyer assesses your position.
Submit Your RequestDescribe the IP and the issue
Tell us: the type of IP (trade mark, copyright, patent, confidential information); whether you need registration, protection against a competitor's use, or to defend an infringement claim; and your industry and the goods/services involved.
Matched to an IP lawyer
Your request is matched to a commercial lawyer with IP expertise — including trade mark clearance and registration, copyright advice, and Federal Court IP litigation experience.
IP registered, protected, or dispute resolved
A lawyer manages the registration process, prepares cease and desist correspondence or licensing agreements, or pursues/defends infringement proceedings — protecting the commercial value of your IP.
Common Questions
Intellectual property — frequently asked questions.
I've been using my brand for 10 years but never registered it — can someone else register it?
Yes — and this is a more common problem than most businesses realise. In Australia, trade mark rights flow from registration — not from prior use alone. While prior use can be a basis to oppose a new registration (or to have a conflicting registration removed), this requires going through IP Australia's opposition or revocation process — which takes time and money. A business that has operated under an unregistered brand for years can find itself in a dispute with a later registrant who has registered the same or a similar mark. The solution is to register your trade mark proactively — the registration cost is a fraction of the cost of an infringement dispute. A lawyer conducts a clearance search and manages the registration.
A competitor is using almost the same logo as us — what can I do?
If your logo is a registered trade mark, you may have an infringement claim under the Trade Marks Act 1995 — or if the competitor's use is likely to mislead consumers into thinking the goods or services are associated with your business, you may also have a claim for passing off or misleading conduct under the ACL. Where your mark is not registered, the claim is more difficult but may still succeed. A lawyer assesses the strength of the infringement or passing-off claim, sends a cease and desist letter, and if necessary commences proceedings in the Federal Court. Where the infringing use is ongoing and causing damage, an urgent injunction can be sought.
We had a website built by a contractor — do we own the copyright?
Probably not — unless your contract with the developer included an IP assignment. Under the Copyright Act 1968, copyright in a work created by an independent contractor belongs to the contractor, not the commissioning business, unless there is a written agreement to the contrary. This means the web developer may own the copyright in your website code, content, and design — and you may only have a licence (which could be revoked or limited) to use it. This is a very common issue for businesses that commission software, websites, designs, or other creative work from contractors without specific IP provisions. A lawyer advises on the current position and prepares appropriate assignment or licence documentation to secure your ownership.