Intellectual Property glossary
Australian IP law is spread across multiple Commonwealth Acts — Patents, Trade Marks, Copyright, and Designs — and the common law actions of passing off and breach of confidence. This glossary covers 40 commonly used terms.
This is a glossary of 40 key terms used in Australian intellectual property practice. Each entry has a plain-English definition and, where relevant, a citation to the governing IP Act.
Definitions
Account of profits
An equitable remedy in IP infringement requiring the defendant to pay over profits made from the infringement, as an alternative to damages.
Assignment
A transfer of ownership of an IP right from one party to another. Must be in writing for most registered rights.
Breach of confidence
An equitable cause of action protecting information that has the necessary quality of confidence and was communicated in circumstances importing an obligation of confidence.
Classes (Nice Classification)
The international classification system grouping goods and services into 45 classes for trade mark registration purposes.
Copyright
The exclusive right to do specified acts in relation to an original literary, artistic, dramatic, or musical work, subsisting automatically without registration.
Deceptive similarity
A ground of opposition and infringement for trade marks — the mark is so nearly resembling another that it is likely to deceive or cause confusion.
Design
The overall appearance of a product resulting from visual features such as shape, configuration, pattern, or ornamentation.
Distinctiveness
The ability of a trade mark to distinguish the applicant's goods or services from those of others — a prerequisite to registration.
Examination
The process by which IP Australia examines a patent, trade mark, or design application against the formal and substantive requirements for registration.
Fair dealing
Statutory exceptions to copyright infringement covering specific purposes such as research or study, criticism or review, and news reporting.
Groundless threats
An action available to a person threatened with an IP infringement suit that is unjustified, allowing them to seek a declaration and damages.
Infringement
An unauthorised act that falls within the exclusive rights conferred by an IP right, such as making, using, or selling the protected subject matter.
Innovation patent
A second-tier patent formerly available under the Patents Act, phased out for new applications from 25 August 2021.
Inventive step
The requirement that a patentable invention must not be obvious to a person skilled in the relevant art in light of the prior art base.
IP Australia
The Australian Government agency responsible for administering the registration of patents, trade marks, designs, and plant breeder's rights.
Licence
A permission granted by the IP owner allowing another party to exercise specified rights in the IP, often in exchange for royalties.
Madrid Protocol
An international treaty administered by WIPO that allows trade mark owners to seek protection in multiple member countries through a single application.
Moral rights
The personal rights of an author to attribution, against false attribution, and to integrity of authorship in respect of a work.
Newness
One of the two requirements for design registration — the design must be new as against the prior art base.
Notice of opposition
A document filed with IP Australia opposing the grant of a patent, design, or trade mark on specified grounds.
Novelty
The requirement that a patentable invention must not have been publicly disclosed anywhere in the world before the priority date.
Opposition grounds
The statutory grounds on which the registration of a trade mark, patent, or design may be opposed before grant.
Originality
The requirement for copyright subsistence — the work must originate from the author and involve some independent intellectual effort.
Passing off
A common law tort protecting the goodwill of a business against misrepresentations by another trader that damage or are likely to damage that goodwill.
Patent
A registered right granting the patentee exclusive rights to exploit an invention for a limited period, in exchange for public disclosure.
Patent specification
The document that describes and claims an invention in a patent application, consisting of a description and claims.
Plant breeder's right
A registered IP right protecting new varieties of plants that are distinct, uniform, and stable.
Prior art base
All information made publicly available anywhere in the world before the priority date, against which novelty and inventive step are assessed.
Priority date
The date from which novelty and inventive step are assessed, typically the filing date of the first application disclosing the invention.
Provisional application
A first patent application establishing a priority date, which must be followed by a complete application within 12 months.
Publication
Making a work or invention available to the public, which for patents forms part of the prior art base and for copyright affects term in some cases.
Registered design
A design registered under the Designs Act that confers exclusive rights in relation to the visual features of a product for up to 10 years.
Royalty
A payment made to an IP owner for the right to exploit the IP, often calculated as a percentage of sales or a per-unit fee.
Search report
A report prepared during patent examination identifying prior art relevant to novelty and inventive step.
Specification (trade mark)
The description of the goods or services for which a trade mark is registered, classified under the Nice Classification.
Substantial identity
A test for trade mark infringement — whether a mark is substantially identical with another when compared side by side.
Substantial part
Copyright is infringed by reproducing a substantial part of a work — assessed qualitatively, not merely quantitatively.
Term of protection
The period during which an IP right subsists — 20 years for standard patents, 10 years for trade marks (renewable), life plus 70 years for most copyright works.
Trade mark
A sign used or intended to be used to distinguish the goods or services of one trader from those of others. Registrable under the Trade Marks Act.
Use of trade mark
The use of a sign as a trade mark — i.e. as a badge of origin — which is required for infringement and for maintaining registration.
Research these terms in context
Quillio helps IP lawyers research prior art, draft oppositions, and analyse infringement issues in Australian format. See /practice-areas/commercial-lawyers or visit /free-trial.
This glossary is a general reference for practitioners — not legal advice. Always verify against current legislation and IP Australia practice.
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