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Intellectual Property in Australia

Protect your IP for formulating strategic value for your intellectual property 

Protecting Your Intellectual Property (IP): A Guide to Australian IP Law

IP law is the legal framework that protects the rights of creators and owners of intellectual property  IP is anything that your mind creates, such as a brand, logo, invention, design, or artistic work.

Four (4) types of IP rights that you can register in Australia:

Trademarks - a type of intellectual property that protects a unique sign, design, or expression that identifies a product or service.  A trademark can be a word, phrase, logo, symbol, sound, shape, image, or any combination of these elements. 


Patents -A patent is also a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the inventionPatents can protect inventions that are new, useful, and inventive, such as devices, substances, methods, or processesThere are three types of patents in Australia: utility patents, design patents, and plant patents. Each has its own specifications and durations.


Design rights - it is a type of intellectual property that protects the visual appearance of a product, such as its shape, colour, pattern, or texture. Design rights can prevent others from copying or using your design without your permission. 


There are two types of design rights in Australia: registered and unregistered. Registered design rights give you stronger and longer protection, but require you to apply and pay a fee.  Unregistered design rights are automatically granted, but only last for a short period of time and are harder to enforce.

Plant breeder’s rights

Plant breeder’s rights (PBR)  protect new varieties of plants, fungi, and algae. They give the breeder exclusive rights to use, sell, or license their variety for a certain period of time, usually 20 or 25 years depending on the type of plantPBR can encourage innovation and investment in plant breeding and commercialisation.  To obtain PBR in Australia, you need to apply to IP Australia, the government agency that administers PBR rights and legislation. Your plant variety must be new, distinct, uniform, and stable to be eligible for PBR.

Why Register Intellectual Property (IP)? 


  1. Protect your ideas, products, or services from being copied or used by others without your permission.

  2. Enjoy your exclusive rights to use, sell, or license your IP in the market and add value to your business.

  3. Protects your brand identity and reputation from being copied or damaged by competitors or counterfeiters.

  4. Adds value to your business and can be a source of income.  

Increase the value of your business

Register and protect your IP for formulating strategic value for your intellectual property 

Wentworth Lawyers & Partners 

In Australia, intellectual property (IP) rights are protected by federal legislation and common law.

The law regarding IP rights is prescribed by the law listed and WLP advises on the following law and provides the best strategic solutions for any issue on your IP value.

  1. Trade Marks Act 1995 

  2. Trade Marks Regulations 1995

  3. Patents Act 1990

  4. Patents Regulations 1991

  5. Designs Act 2003 

  6. Designs Regulations 2004

  7. Plant Breeder's Rights Act 1994

  8. Plant Breeder's Rights Regulations 1994

  9. Olympic Insignia Protection Act 1987

  10. Olympic Insignia Protection Regulations 1993

We are committed to providing personalized,
high-quality services to our clients.  We focus on your business goals and develop strategies to protect your intellectual property.

Address:  Wynyard & Martin Place Station
Level 10, 20 Martin Place, Sydney NSW 2000

T:  1300 140  291 / 1300 577 502 /


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