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All Questions Intellectual Property How do I protect my intellectual property rights when selling food in Australia?
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How do I protect my intellectual property rights when selling food in Australia?

Answer

When selling food, branding and unique product recipes/formulations can be your key IP assets. Trademark your brand name, logo, and any distinct packaging designs. If you have unique food formulations or production processes, consider their eligibility for patents. Ensure that any marketing or product descriptions are copyrighted. If collaborating with chefs, manufacturers, or marketers, have clear contracts detailing IP ownership. Maintain secrecy around proprietary recipes or processes using NDAs with employees or partners. Monitor the market for similar products or branding, and in case of potential infringements, engage with our IP legal professionals for guidance and action.

Alex Solo  
Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.

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