Reading time: 3 minutes

With the increase in online businesses and marketing, intellectual property rights have taken a forefront in conversations between many individuals and business owners. So do you have intellectual property rights? If so, how can you protect them?

Basically, intellectual property rights are given to the owners over their creations. These creations are often intangible in nature meaning that they are ideas, concepts, or visual images that may result in the creation of unique physical objects.

Often, the best way to protect your intellectual property is by registering your rights in it. How you register your intellectual property will depend on the type of intellectual property that you have created.

We have provided a summary of the main types of intellectual property that are recognised under Australian legislation for you to have a look at to get an understanding of intellectual property and the rights that exist in them.


Copyright refers to the rights within literary, artistic or musical works. You do not need to register copyright, rather you can indicate your ownership of copyrighted material in order to enforce your rights in them.

An example of this would be Copyright Notice: © [Creator name] [year] e.g. © LegalVision 2014


Trademarks refer to symbols, logos, brand names or words that are used to represent a company or a product. Trademarks are used to distinguish the goods of one company from another. It is possible to apply for a trademark however, you will need to ensure that you understand the costs and waiting periods associated with the application process before doing so.


Patents refer to any devise, method, substance or process that is new, useful and inventive. It is possible to apply for a patent in order to enforce your rights in the patent against competitors and in order to commercially exploit the patent to generate revenue for your business. However, patents can either be standard or innovative. In order to understand which category your patent falls under and how you can proceed with the patent application process, it is a good idea to speak with a lawyer first.


Designs are fairly complex examples of intellectual property. They refer to the physically appearance and visual appeal of products that are new and creative. Designs do not necessarily cover the actual fabric or materials used to create the design, rather, the design referred to is the appearance of the product. It is possible to apply for a design in order to make your rights in the design legally enforceable, however, since this is a complicated area of law it is recommended to seek legal advice first.

Plant Breeders Rights

If you have developed a plant variety that is new and distinctive, you may be eligible to apply for plant breeders rights (PBR). To gain an understanding of your rights within the plant variety and the use of the seedlings, we recommend seeking advice from an intellectual property lawyer.


For more information on your intellectual property rights and how to enforce them, please get in touch. One of our IP lawyers will be pleased to assist!


Day in Court: What Happens When Your Business Goes to Court

Thursday 2 June | 11:00 - 11:45am

If your business is going to court, then you need to understand the process. Our free webinar will explain.
Register Now

How to Manage a Construction Dispute

Thursday 9 June | 11:00 - 11:45am

Protect your construction firm from disputes. To understand how, join our free webinar.
Register Now

Startup Financing: Venture Debt 101

Thursday 23 June | 11:00 - 11:45am

Learn how venture debt can help take your startup to the next level. Register for our free webinar today.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards