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Intellectual property (IP) is the product of someone's intellect used to create something novel, different or original. It can occur in a number of forms such as a piece of art work, a good idea, a design or plans for a design, an invention, knowledge, a book or a trade secret.

IP can be legally secured to ensure that only a certain person (or group of persons) have exclusive rights and control over the use of the idea or invention and therefore have rights to extract profits from it if they see fit. It is illegal for others to copy or use that idea or invention for their own benefit.

There are a number of methods that can be implemented to ensure that your intellectual property rights are protected.

Patents

A patent is the exclusive right given to the owner to commercially exploit the process, design or invention for the life of the patent in return for public disclosure of the process design or invention. You need to apply for a patent before it will be protected by law. 

Prior to your patent application being accepted it is examined to ensure it meets the necessary legal requirements. Some things are not patentable by law such as mathematical formulas and ideas or artistic creations.

Trademarks

Used to identify a unique product or service to distinguish it from business competitors. Examples include a logo, letter, name, shape, picture, sound, aspect of packaging, smell or a phrase. While you do not need to register the trade mark to use it, registration does provide your business with the exclusive rights to use, licence or sell the trademark. It is important to note that you need to pay a fee for renewal of registration to maintain the trademark.

All Australian trade mark and patent registrations are administered by IP Australia.

Copyright

This protects original works of art, writing, music, films, visual images, films and computer programs that express the creator's ideas and information from unauthorised copying. Copyright protection is free and does not need to be registered for. Hence, every time you put an original idea or information into a material form it is automatically copyrighted. However, it is advisable that owners of any original work should place a copyright notice on or near their work.

All Australian copyright material is administered by the Australian Attorney-General's Department.