Protect your Intellectual property (IP)

Safeguard your ideas, brand and business assets.

When you start a business, your ideas, products and brand help you stand out from the crowd.

The parts of your business that you have created and are unique to you are called your Intellectual Property (IP) and can include things like your business name, logo, designs, inventions or creative work.

Protecting your IP can help keep your ideas safe from being copied or misused by others.

What is Intellectual Property (IP)?

There are five main types of IP.

Copyright – Protects original works like photos, music, writing or software. You don’t have to apply for it because it’s an automatic legal protection against unauthorised use.
Designs – Protects the look or shape of a product (like a unique chair or one-off wedding dress). Designs must be new and distinctive to be registered as IP.
Patents – Protects new inventions, processes or ways of doing something.
Plant breeder's rights – Protects new plant varieties.
Trade marks – Protects things like your business’s unique brand (including name, logo, slogan or even a colour or sound), product or services.

Except for copyright, most types of IP need to be formally registered through IP Australia. However, there are strict criteria so not all trade marks or designs are accepted.

If you are successful, the registration process can take time and money, but it can add value to your business and avoid a lot of problems in future.

Useful information:

IP can offer some key advantages.

Standing out in the market – by owning something unique.
Adding value to your business – which can help if you sell or license it later.
Discouraging copycats – by giving you legal rights over your work.
Encouraging creativity and innovation – knowing your ideas are protected.

However, it’s important to understand the limits of IP protection.

Having a registered IP right doesn’t automatically stop others from copying you. It’s up to you to monitor the marketplace for breaches and then take legal action if necessary, which can be time-consuming and expensive.

For example, if another business starts using your logo, first you need to have detected it and then you need to engage a lawyer to stop them.

Many small business owners think that IP Australia will protect them if someone copies their work. That’s a common myth but not how it works.

Registration simply gives you the legal right to take action, however you are responsible for watching out for breaches and then taking action if needed.

This might mean:

sending a cease-and-desist letter
getting legal help
in serious cases, going to court – which can be expensive.

That’s why it’s important to weigh up the value of your IP and whether you can afford to defend it if necessary. Larger businesses usually have more resources and may wield that power in an IP dispute, so having a plan is important.

Small businesses can still make the most of their IP by being:

agile and innovative – staying ahead of bigger competitors by improving your products or services quickly
local and focused – building a strong presence in your area, where bigger players may not operate
smart about costs – some types of IP like trademarks or copyright can be cheaper to secure and maintain.

Having IP in place can also make your business more attractive if you decide to sell or partner with a larger company that has the resources to protect it.

Getting help with protecting your IP

IP Australia provides helpful tools and support to guide small businesses through protecting their ideas. Here’s how they can help.

A dedicated Small/Medium Enterprise (SME) portal: a special online area with free webinars on trademarks and patents, as well as guides and case studies to explain how IP works.
SME fast track: a way for small businesses to speed up the process of getting a patent without paying extra fees.
SME case management: if you’re a small business and need help with patents but don’t have a lawyer, IP experts can guide you through the process.

You can also use an online tool to check if your trademark is available and apply for it.

Visit IP Australia

Get a free consultation with experts

The Tasmanian Government provides access to a confidential and obligation-free visiting patent and trademark attorney program.

You can get up to 30 minutes of free advice from these companies:

Phillips Ormonde Fitzpatrick
Davies Collison Cave
Cooper IP
BRM Patent Attorneys (either by phone/online, or face-to-face in Hobart or Launceston by appointment).

These experts can help guide you through the process of protecting your IP.

Additional resources:

You can also visit the Intellectual Property section on Business.gov.au.

Protect your Intellectual property (IP)

What is Intellectual Property (IP)?

Useful information:

Why does IP matter for small businesses?

Common misunderstandings about IP

IP Tips for small businesses

Getting help with protecting your IP

Get a free consultation with experts

Additional resources: