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Intellectual Property Articles

Expert articles and practical legal guides on intellectual property for australian businesses.

Business Name Considerations: Legal Steps To Protect Your Brand

Business Name Considerations: Legal Steps To Protect Your Brand

Your business name is often the first impression customers get of your brand. It’s how people find you, talk about you and ultimately trust you. But in Australia, “having a name” and...

21 February 2025
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Cease And Desist Letters: How To Enforce Your Legal Rights

Cease And Desist Letters: How To Enforce Your Legal Rights

If someone is using your brand, copying your content, breaching a contract, or trying to damage your reputation, a well‑written cease and desist letter can be the quickest way to make it...

21 February 2025
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Do You Know About Unfair Contract Terms?

Do You Know About Unfair Contract Terms?

If you sell to consumers or small businesses in Australia, the terms in your contracts aren’t just “fine print” - they’re regulated by law. The unfair contract terms (UCT) regime under the...

21 February 2025
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‘Black Friday’ Is A Registered Trade Mark: Can Other Brands Use It?

‘Black Friday’ Is A Registered Trade Mark: Can Other Brands Use It?

“Black Friday” has become the biggest retail moment of the year in Australia. Shoppers expect deep discounts and brands plan full marketing calendars around the last Friday in November. But here’s the...

21 February 2025
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Legal Considerations For YouTube Content Creators (Australia)

Legal Considerations For YouTube Content Creators (Australia)

Turning your YouTube channel into a real business is exciting. You’re building an audience, landing brand deals and creating content you’re proud of. But to keep that momentum going, it’s important to...

19 February 2025
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How Can I Protect My Business Name?

How Can I Protect My Business Name?

Your business name is often the first thing customers learn about you. It’s your identity, your reputation and a valuable asset you’ll build over time. Because of that, protecting your name early...

16 February 2025
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Want To Protect Your Ideas Or Copyright? Here’s How An NDA Or Copyright Disclaimer Can Help

Want To Protect Your Ideas Or Copyright? Here’s How An NDA Or Copyright Disclaimer Can Help

You’ve put time, money and energy into a great idea or creative work. Now you want to share it with a potential partner, investor or client - without losing control of it....

16 February 2025
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Playing Music In Your Content: How Can You Avoid Breaching Copyright?

Playing Music In Your Content: How Can You Avoid Breaching Copyright?

Music can transform your content. Whether you’re producing a short ad, a YouTube explainer, a podcast intro, or a TikTok clip, the right track sets the tone and lifts engagement. But using...

14 February 2025
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ALERT: Changes To The Designs Act 2003

ALERT: Changes To The Designs Act 2003

Australia’s design law has had a significant refresh. If you create or commercialise product designs - from furniture and packaging to fashion and consumer tech - the recent changes to the Designs...

14 February 2025
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Why Do I Need A Photography/Video Consent Form?

Why Do I Need A Photography/Video Consent Form?

If your business creates content-whether that’s product shots, staff photos, customer testimonials, event highlights or social media reels-there’s a good chance people will appear in your images or footage. That’s great for...

13 February 2025
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Trade Mark Opposition: Lessons From Superwog, Zara & In-N-Out

Trade Mark Opposition: Lessons From Superwog, Zara & In-N-Out

When a brand name takes off, it attracts attention - including from competitors and rights holders. Public disputes around brand names involving creators like Superwog, global retailers like Zara, and fast‑food chains...

13 February 2025
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Excluding Liability For Death And Injury: What Australian Businesses Can And Can’t Do

Excluding Liability For Death And Injury: What Australian Businesses Can And Can’t Do

If you run a business in Australia, managing risk is part of everyday life. It’s common to ask whether you can “sign away” responsibility using a disclaimer or waiver - especially if...

13 February 2025
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What Are Plant Breeders’ Rights?

What Are Plant Breeders’ Rights?

If you’ve developed a new plant variety (or you’re investing in one), you’ll want to make sure it’s protected so you can control how it’s used and get a return on your...

9 February 2025
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Protecting Your IP With A Trade Mark

Protecting Your IP With A Trade Mark

Your brand is one of your most valuable business assets. It’s how customers find you, remember you, and recommend you to others. If someone else starts using a confusingly similar name or...

9 February 2025
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Thinking About Patenting Your App? Here’s Why You Shouldn’t

Thinking About Patenting Your App? Here’s Why You Shouldn’t

If you’ve poured time and money into building an app, it’s natural to wonder whether you should “lock it down” with a patent. On paper, a patent looks like the ultimate shield...

8 February 2025
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Operating Under Two Companies? Here’s Why You Need An Intercompany IP Licence

Operating Under Two Companies? Here’s Why You Need An Intercompany IP Licence

If you run your business across two separate companies - for example, one company owns your brand and tech while another operates the day‑to‑day business - you’re not alone. Many Australian founders...

8 February 2025
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Protecting Intellectual Property: Do You Need An IP Health Check?

Protecting Intellectual Property: Do You Need An IP Health Check?

If you’ve built a brand, designed a product, written content or developed software, you’ve created intellectual property (IP) - and it could be one of your most valuable business assets. But here’s...

7 February 2025
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Changes To The Privacy Act: What You Need To Know

Changes To The Privacy Act: What You Need To Know

Privacy law in Australia is changing fast. If your business collects names, emails, phone numbers, location data or payment details (even through a website or an app), the Privacy Act 1988 (Cth)...

7 February 2025
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What Are The 45 Trademark Classes In Australia?

What Are The 45 Trademark Classes In Australia?

If you’re getting ready to protect your brand in Australia, you’ll quickly come across “trade mark classes.” Picking the right classes is one of the most important steps in filing, because your...

7 February 2025
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How Can Your Business Avoid Misleading or Deceptive Conduct?

How Can Your Business Avoid Misleading or Deceptive Conduct?

If you sell products or services in Australia, the Australian Consumer Law (ACL) applies to you. One of its core rules is simple on paper but easy to get wrong in practice:...

6 February 2025
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Can I Request An Extension Of Time With IP Australia?

Can I Request An Extension Of Time With IP Australia?

Missed a deadline with a trade mark, patent, design or plant breeder’s rights application? You’re not alone. The intellectual property (IP) system in Australia has lots of moving parts, and keeping up...

4 February 2025
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Trade Marks Vs. Copyright: What’s The Difference?

Trade Marks Vs. Copyright: What’s The Difference?

In any business, it’s really important to protect your branding so that nobody else makes a profit from it. You might have heard the words ‘trade marks’ and ‘copyright’ floating around when...

3 February 2025
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The Australian Federal Court Rules On AI Technology And Patents

The Australian Federal Court Rules On AI Technology And Patents

Artificial intelligence (AI) is transforming how products are designed, software is written and problems are solved. If your team is using AI to help invent new solutions, you’re probably asking a big...

2 February 2025
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The Legal Side Of TikTok: Music, Copyright and Ownership

The Legal Side Of TikTok: Music, Copyright and Ownership

TikTok is where trends are born, brands find new audiences and creators build loyal communities. If you’re using TikTok as a business or creator in Australia, it’s exciting - but it also...

1 February 2025
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