Last updated: September 2026

Intellectual property refers to "creations of the mind". These can be both tangible and

intangible, such as inventions, brands, logos, designs, artistic works, trade secrets or even

new plant varieties. These creations can be legally protected, preventing unauthorised use,

through forms of protection including patents, copyright, and trade marks. IP allows

businesses and individuals to be recognised for their creations, including through the

financial benefits protection provides. This, in turn, encourages and incentivises people to

keep inventing and creating.

IP protects your business from competitors exploiting your invention or creation without

your consent, and gives you a competitive advantage by turning your ideas into a valuable,

protectable asset. The various forms of protection allow you to enforce your rights in court.

Because these innovations and creations are treated as property, they hold value, and you

retain control over the rights and decisions that affect them (for example, licensing).

What IP Rights Are There in Australia?

• Patent

• Design

• Circuit layout

• Plant breeder's rights

• Confidential information

• Copyright

• Trade mark

• Geographical indications

What is Artistic Work?

"Artistic work" is actually a specific legal term. It has a defined meaning under section 10 of

the Copyright Act 1968 (Cth), and it's one of the categories of work copyright automatically

protects in Australia. This means there's no registration process or fee involved. A drawing on

a napkin, or a photo, is protected immediately, as long as it's original and recorded in some

material form (written, drawn, photographed, etc.).

Under the Act, artistic work includes:

• Paintings, sculptures, drawings, engravings, and photographs, regardless of artistic quality

• (the law protects the work itself, not just "good" art)

• Buildings and models of buildings

• Works of artistic craftsmanship (e.g. hand-made furniture, jewellery, or textiles)

In the business world, this matters most in two situations:

1. Using someone else's artistic work: using a stock image or a logo design without a licence

can be considered copyright infringement, irrespective of whether it was registered.

2. Protecting your own artistic work: if your business engages someone for a logo,

product/marketing design, or photography, ensure your contract clearly states who owns

the copyright once it's created, since ownership can default to the creator (e.g. a freelance

designer) rather than the business that paid for it.

When Should You Consider IP Protection?

When developing a business idea: Conduct a patent search across local and international

databases to understand existing technologies and identify gaps or opportunities for

innovation. You can also protect your concept with a Non-Disclosure Agreement (NDA)

when discussing your idea with others, to prevent unauthorised use or disclosure.

During the development phase: You may want to obtain a licence to use someone else's

technology to support development of your idea. This can include collaborating with others

to co-develop your concept, and just make sure IP ownership and usage rights are clearly

defined in writing.

Once your business is operational: If you're contracting with manufacturers (especially

overseas), make sure they're properly licensed to use your patented technology. You might

also consider licensing your technology, invention, or creation to other businesses as a

revenue stream. Throughout this stage, monitor the industry and take action against

competitors who attempt to copy or exploit your IP without your consent.

Frequently Asked Questions

What is intellectual property?

Intellectual property refers to "creations of the mind". These can be both tangible and

intangible, such as inventions, brands, logos, designs, artistic works, trade secrets or even

new plant varieties.

What types of IP rights are there in Australia?

Australia recognises patents, designs, circuit layouts, plant breeder's rights, confidential

information, copyright, trade marks and geographical indications.

Does artistic work need to be registered to be protected?

No. Artistic work is one of the categories of work copyright automatically protects in

Australia, with no registration process or fee involved. A drawing on a napkin, or a photo, is

protected immediately, as long as it's original and recorded in some material form.

Who owns the copyright in a logo or design my business paid for?

Ownership can default to the creator (e.g. a freelance designer) rather than the business that

paid for it. If your business engages someone for a logo, product/marketing design, or

photography, ensure your contract clearly states who owns the copyright once it's created.

When should a business start thinking about IP?

From the moment a business idea is being developed. A patent search can identify existing

technologies and gaps, and a Non-Disclosure Agreement (NDA) can protect a concept while

it's being discussed with others. IP ownership should stay in view through development and

once the business is operational.

Here at Purpose Lawyers, we offer a Complimentary 15-minute advice session.

Please contact us on 1800 018 750 or email us at info@purposelawyers.com.au to arrange

your complimentary advice session today!

Useful Links

The legislation and registers referenced in this article are available from the official

government sites:

• Copyright Act 1968 (Cth) on the Federal Register of Legislation

• Patent, trade mark and design searches on IP Australia