3. IP requiring registration

These kinds of IP require official registration to protect your rights:

• Patents
• Trademarks
• Designs
• Plant breeder’s rights
• Geographical indications.

IP Australia has resources on applying for the different types of IP.

IP protection in action

Patents

Medical drugs and vaccines are examples of processes that can be protected by patents.

In 2021, some governments recommended waiving IP protection for COVID-19 vaccines as a possible method of increasing the distribution of vaccines across the world.

Trademarks

McDonald’s Golden Arches are an example of an internationally known trade marked logo. The word “McDonald’s” is also a trade mark.

Registered trademarks are not the same as domain names. A domain name allows you to use the URL only. For example, in the Kylie vs Kylie international trade mark battle, Kylie Minogue owning the domain name www.kylie.com did not prevent Kylie Jenner from applying to trade mark the name “Kylie”.

Designs

IP Australia recommends keeping your design a secret until you have applied for IP protection. For example, if you post your design on social media before you apply, it will be no longer be considered new and will affect your claim for the design rights.

Plant breeder’s rights

The Case of the pirated blueberries explains some of the implications of growing and selling plants that have IP protection. In this case, a farmer grew and sold a variety of blueberry that a plant breeder had registered for exclusive rights to grow and sell.

Geographical indications

You can face a legal battle if you try to use a geographical indicator in your business, such as “Champagne Jayne” who got involved in a dispute with the Comité Champagne. The Comité Champagne, who state “Champagne only comes from Champagne“, accused Champagne Jane of damaging the champagne brand.

IP Australia has more information about the different types of IP.