How to protect IP from infringement by others

Constructed an amazing business idea, but want to ensure it’s well-protected by others who may want to claim it? Intellectual property is any kind of invention of the mind, such as symbols, images, or designs used in commerce, and knowing the process of protecting these ideas can prevent the stresses of a potentially long legal battle, especially in the digital age of today.

What are 4 types of intellectual property rights?

When beginning a business and creating artwork or literary work, it’s important to know what kind of laws can protect these creations. Intellectual property is protected under laws such as copyright, trademarks, and patents, and understanding what these mean could save your ideas.

Copyright protection

A lot of time and money is invested into any business and Australian copyright law ensures this material can be protected, which comes under any “original artistic works”. The Australian Copyright Council can be contacted for more information on what can be covered.

Trade mark protection

Building a brand takes a lot of dedication, and trade mark protection stops others from using it as well. This type of intellectual property is internationally covered.

Design protection

Designed the blueprints for a product that is planned to be distributed by another company, and what to keep the exclusive rights to that design? Design protection is a form of intellectual property, and the Designs Office IP of Australia can confirm these designs.

Patent protection

Invented a new and improved product that a number of industries can use, but don’t want third parties taking advantage and manufacturing it? 

Patent protection as intellectual property not only keeps your inventions secure but stops others from selling or using this idea in Australia. For this kind of protection, professional advice by experienced patent and trade mark attorneys.

Domain name protection

Spent months piecing together the perfect website? The domain name is protected under the .au Domain Registration, 

How can infringement from others be avoided?

– Create original content. This can include comedic YouTube videos that are completely original or music that isn’t copied from its source material.

– Obtain the right licenses and permissions to use copyrighted content. Wanting to use someone’s artwork? Search and be sure.

– Use media that is royalty-free, such as stock photos.

How can intellectual property be protected?

Intellectual property can be protected by: 

– Registering copyrights, patents, and trademarks. Failing to register can result in someone taking the idea.

– Registering the business, domain, or product names. If a website has been created, no other business can take an existing one.

– Creating a confidentiality contract. If employing people, a contract such as a non-disclosure agreement (NDA) can ensure people are liable if they break it.

– Avoiding joint ownership. It’s common for joint ownerships to break if there are disagreements in management, such as the distribution of finances.

– Researching the market. Is there a name or logo that is similiar? Pay attention, as other companies are capable of suing. It’s also important to be aware of how competitive the market will be.

– Make sure that solid security measures are put into place. Consider getting domain privacy protection to keep personal data safe.

– Be cautious when marketing a product, service, or business. Be aware of what information is publicly disclosed.

– Learn as much as possible about the business. Get educated on marketing, or the legal side of launching the product or side-hustle. Invest in courses, as well as the expertise of other people in business.

Why does intellectual property need to be protected from infringement?

Without protecting intellectual property from infringement, there is a risk to not only the concept, but the assets or efforts of a company, entrepreneur, or small business. 

Business growth is important, as competitors can take advantage of the market share if ideas are being infringed and profit from others’ ideas. All in all, investing the extra time into protecting intellectual property infringement is well worth it.