Protection

An infringement is the unauthorised use of IP rights. To take action against an infringer is called enforcement.

 

Your label is important for business success and income. You need to know your rights and be prepared to act if they are infringed. It is wise to seek help from a professional in case of infringement. If you make unsubstantiated claims about an infringement on your design, you can be sued.

A professional can also help you understand the costs and risks involved in infringement action, as well as advise on the best course of action. There is a range of options available before court, such as a letter of warning and negotiations. 

Although IP Australia receives, processes applications and maintains registers of trade marks, patents, design and plant breeder’s rights varieties it is not responsible for policing the rights of owners of the IP. Fundamentally, registered IP is a property right and as with all property it is the responsibility of the owner to maintain and defend that right. 

 

Your registered IP provides you with a legal monopoly on the matter only covered by the registration. For example, if your trade mark is only registered for clothing and headwear and you also use your trade mark on handbags you may want to consider registering your trade mark for these other goods. Also, if you alter your product from that shown on your registered design, then your design may not cover you if others copy the altered designs.

Regular audits of your IP can assist you in ensuring that your rights protect you for the goods and services that you manufacture or sell.

 

If you own registered IP, keep track of important dates (e.g. renewal) and ensure your particulars are kept up-to-date on all registers both in Australia and in other countries where you have registered rights. IP professionals such as registered Patent and Trade Marks Attorneys may offer maintenance services to help you track your IP portfolio.

 

Infringement can be a costly process, so take steps to avoid having to take action. Some measures can be relatively simple to follow. Before using or applying to register IP, it is wise to search first. Searching can help you understand the rights of others and consequently take steps to avoid infringing on those rights. If you own IP, you can use appropriate marking or symbols (®, ™, ©, Pat Pending, Reg’d Des) to demonstrate that there is ownership of the IP. Using appropriate marking can be a useful warning to put others on notice.