This page provides practical information to help you make the most of your IP when doing business in Australia.
If you plan to do business in Australia, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
IP Australia (IPA) is the body responsible to operating the patent, industrial design and trade mark system in Australia.
Trade marks
The Australian trade mark system is similar to the UK’s. Trade marks protect symbols, colours or other devices used to identify a business’ products or services. A trade mark is valid for 10 years, then may be renewed indefinitely for further 10-year periods.
To protect a trade mark in Australia you can:
- File an application directly to IPA
- Make an international trade mark application and select Australia as the designated country. More information on international trade marks can be found in the protecting your trade mark abroad page.
Good to know
There are no restrictions regarding nationality or residency for trade mark applications. However, when applying directly to IPA, an address in Australia or New Zealand must be provided in your application.
Patents
Like in the UK, inventions can be protected through patents for up to 20 years in Australia. All patent right in Australia are subject to the payment of annual fees after they’ve been granted.
To protect your invention with a patent in Australia you can:
- File an application directly to the IPA
- File an international patent application and select Australia as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. More information on international patents can be found in the protecting your patents abroad page
Good to know
Like in the UK, Australia operates a ‘first to file’ principle. If two people submit an application for a patent for an identical invention, with an identically completed application and documents submitted, the first one to file the application will be awarded the patent assuming it fulfils all the patentability criteria.
Australia does operate a grace period where you can register a patent within 12 months of a public disclosure (under certain conditions). However, it is important to note that use of a grace period abroad may restrict your ability to protect your invention in countries that do not operate a 12-month grace period, including the UK.
There are no restrictions regarding nationality or residency however, an address in Australia or New Zealand must be provided in your application.
You can file a patent yourself in Australia, but it is recommended that you seek advice from an IP professional.
Designs
In Australia, design protection initially lasts for 5 years and can be extended for another 5-year period i.e. protection can last for a maximum of 10 years.
To protect your design in Australia you can file an application directly to IPA.
Good to know
Like in the UK, Australia operates a ‘first to file’ principle. If two people apply for an identical design, the first one to file the application will be awarded the protection.
Australia does operate a grace period where you can register a design within 12 months of a public disclosure (under certain conditions), without affecting the enforceability of a subsequent design application. However, it is important to note that use of a grace period abroad may restrict your ability to protect your invention in countries that do not operate a 12-month grace period.
There are no restrictions regarding nationality or residency however, an address in Australia or New Zealand must be provided in your application.
Copyright
As in the UK, copyright is an automatic right under Australian law.
Copyright in Australia protects works that are original and expressed in a tangible form, for example, recorded on tape or written down.
The length of protection varies but generally lasts for 70 years counted from 1 January of the year following the author’s death.
Copyright law is administered by the Department of Infrastructure, Transport, Regional Development and Communications (DITRDC) in Australia.
Enforcing your rights
IP enforcement is generally effective in Australia, If your IP rights are infringed, there are different ways that you may look to enforce them. Litigation (court action) is the most commonly known method, however this can often be very time consuming and expensive. Alternative enforcement routes include mediation, arbitration and expert determination.
IPA provides guidance on IP infringement and enforcement methods in Australia.
If you suspect goods infringing your trade mark or copyright are being imported to Australia, you can notify the Australian Boarder Force (ABF). If infringing goods are being seized, and the importer makes a claim for their release, you have 10 working days to begin legal proceedings from the date of seizure. Businesses will need to be proactive about monitoring for infringing shipments and not rely on notifications from customs.
More information
Visit these pages for more information about exporting to Australia and to report a market access barrier on IP in Australia.
British Chamber of Commerce in Australia provide a variety of business advice, services and support to businesses in Australia.
The British High Commission Canberra supports UK businesses in Australia.
https://www.gov.uk/guidance/ip-in-australia
Content Reproduced verbatim from the Website of the United Kingdom Intellectual Property Office (UKIPO) as permitted under their Terms of Use.