You’ve probably already considered insurance to protect your small business from accidents or damage. Did you know you can also protect your business’s intellectual property (IP)?
IP can be incredibly valuable for your small business so it’s important to understand what it is and how to protect it.
IP refers to creations of the mind such as a brand, logo, invention, design, artistic work or a new plant variety. By registering your IP, you can legally protect your idea and have exclusive rights to profit from them.
Types of IP that can be registered
There are four main types of IP that can be registered with , the Australian government agency that administers IP rights:
- – protect your logo, word, phrase, letter, number, sound, scent, picture, movement, aspect of packaging, or any combination of these. A trade mark is one of the most commonly-used IP rights for a small business as it protects branding and helps customers distinguish a good or service in a competitive market.
- – protect any device, substance, method or process that's new, inventive and useful
- – protect the overall appearance of your new and distinctive product
- – protect the new plant variety you have developed.
Applying for intellectual property registration
Trade marks, patents, design rights and plant breeder’s rights need formal application and examination before you can claim a right to ownership. Protecting your great ideas with IP rights can lead to lasting benefits for your business.
To get started on your trade mark journey, IP Australia has created the free tool for small businesses to check potential registrability of their trade mark and then apply.
To learn more about these IP rights and how to apply for registration, visit the .
Tips for protecting your IP
- Don’t promote or disclose your idea to other people before you register your IP. If you do, make use of non-disclosure agreements or confidentiality clauses in contracts.
- Keep records to help you prove the idea is yours.
- Identify your IP assets and do your research to ensure your idea is new and original.
- Consider consulting with an IP professional to develop an effective strategy tailored to your business needs.
Facing an IP issue?
Whether someone is using your idea without permission, or you've been accused of IP infringement, it can be overwhelming to know what to do next is a free tool from IP Australia that helps you explore your options and make informed decisions about IP enforcement and protection.
This interactive platform will:
- Allow you to navigate the full range of potential responses—whether you're protecting your rights or responding to accusations
- Provide clear, authoritative information to help you assess which approaches best suit your situation, resources and business needs
- Offer practical 'Infringement 101’ information to support you in distinguishing between commercially competitive behaviour and potential IP infringement.
The tool covers all registered IP rights—trade marks, patents, designs and plant breeder's rights—and provides information for people on both sides of IP disputes.
Whether you're dealing with someone copying your brand, using your invention, or you need to understand an infringement claim against you, IP First Response offers trusted, practical information to help you take the next steps with confidence.
Start exploring your options today:
Want more information?
Here are some useful resources to help you get started:
• For an overview of IP rights and best practices for managing and protecting these assets, take a look at IP Australia’s
• IP Australia’s is a one-stop guide to tools and information, including and
• If you register a trade mark, patent, design or plant breeder’s right in Australia, it does not protect you in other countries. Learn about the process for
• Watch an on a broad range of topics from the basics through to international use of IP.
IP Dispute Support
Use the to identify the best way to get help.
91ÖÆƬ³§ may be able to help with your dispute. If your dispute is not listed in the or you still need help, you can call us on 1300 650 460 or complete an and one of our case managers will be in contact with you.