Intellectual Property Articles
Expert articles and practical legal guides on intellectual property for australian businesses.
Received A Trade Mark Adverse Report From IP Australia? Here Are Your Options
If you’ve received an “adverse report” from IP Australia on your trade mark application, take a breath - this is common and, in many cases, fixable. An adverse report simply means the...
25 February 2025
Do I Need To Use The Registered Trade Mark Symbol?
Building a brand in Australia is exciting - your name, logo and look set you apart. Naturally, you’ll want to protect them. At some point, you’ll notice other brands using the little...
24 February 2025
Creative Commons Licenses Explained: A Complete Guide For Content Creators
Whether you’re a YouTuber, podcaster, photographer or small business marketer, you’ll often need to share your own work and (carefully) reuse other people’s content. Creative Commons (CC) licences make this easier -...
21 February 2025
Trademark Symbols Explained: How to Use ™, ®, and More Correctly
If you’re a small business owner, protecting your brand is one of the most important steps in establishing your company’s identity. A critical part of that is understanding how to use trademark...
21 February 2025
Business Name Availability Check: How To Secure Your Brand Legally
Picking a standout business name is exciting - it’s the first step in shaping how customers will remember you. But before you print signage or lock in your domain, it’s crucial to...
21 February 2025
ATMOSS Guide: How To Conduct A Trademark Search In Australia
Choosing a brand name is exciting - but before you fall in love with it, you need to make sure it’s legally available to use and register. That’s where ATMOSS (IP Australia’s...
21 February 2025
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
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
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
‘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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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