Intellectual Property (IP) Lawyers

An IP lawyer (Intellectual Property lawyer) is a legal professional who specialises in protecting and managing intellectual property rights. IP lawyers help businesses and individuals secure, enforce, and commercialise their valuable intangible assets, including trade marks, patents, designs, copyright, and trade secrets.

In practice, an IP lawyer can:

• Register and protect your trade marks and patents.
• Draft confidentiality and non-disclosure agreements (NDAs).
• Assist with copyright licensing and infringement disputes.
• Advise on IP ownership, transfers, and commercialisation strategies.

For small businesses in Australia, engaging an IP lawyer ensures your brand, products, and ideas are legally protected and positioned for long-term growth.

An IP law firm helps you protect, manage, and commercialise your intellectual property (IP) assets so your ideas, brand, and business remain legally secure.

Our Sydney-based IP lawyers can assist with:

• Trade mark registration – ensuring you own and control your brand, logos, and product names.
• Copyright protection – drafting copyright notices, licensing agreements, and defending against infringement.
• IP disputes – resolving infringement issues quickly, including cease and desist letters, litigation, and dispute resolution.
• Confidentiality agreements (NDAs) – protecting sensitive business information, trade secrets, and commercial know-how.
• Employment & contractor agreements – drafting strong IP ownership clauses to ensure your business, not individuals, retains legal rights.

By working with an experienced IP law firm, small businesses gain peace of mind knowing their intellectual property is safeguarded and positioned for long-term growth.

A patent attorney and an IP lawyer both deal with intellectual property, but their qualifications and roles are very different.

Patent Attorneys

• Don’t need a law degree or practising certificate as a lawyer or barrister.
• They are registered with the Trans-Tasman IP Attorneys Board (TTIPAB).
• Specialise in patent law matters only, such as preparing and filing patent applications, advising on patentability, and managing ongoing patent registrations.
• Cannot represent you in Court if a dispute arises.

IP Lawyers

• They are fully qualified lawyers who have completed a law degree and are admitted to practice.
• Can advise across all areas of intellectual property law, including trade marks, copyright, designs, patents, licensing, and IP disputes.
• Can represent you in litigation and Court proceedings, including cases involving patent infringement or enforcement.

A patent attorney can help you secure a patent, but only an IP lawyer can defend your rights in Court and provide broader legal protection for all types of intellectual property.

Intellectual property (IP) refers to intangible assets that come from creations of the mind and are legally protected. These assets give businesses exclusive rights over their use, preventing others from copying or exploiting them without permission.

Common examples of intellectual property include:

• Trade Marks – business names, logos, slogans, taglines, hashtags, favicons, product packaging, and other “badges of origin” that identify your brand.
• Copyright – protection for literary works, artistic designs, music, written content, software code, marketing materials, and other creative works.
• Designs – the visual appearance or shape of a product, such as packaging or unique industrial designs.
• Patents – new inventions, processes, or technical innovations that can be used or manufactured.
• Trade Secrets & Confidential Information – ideas, formulas, methods, processes, or strategies that provide a business advantage.

In short, if it’s something created by your business that is unique, valuable, and used commercially, it likely qualifies as intellectual property and should be protected.

By default, Intellectual Property (IP) is owned by the creator — the individual who develops the work. Ownership remains with the creator unless the rights are formally transferred or assigned to another person or legal entity, such as a company, trust, or employer.

For businesses, ownership depends on the circumstances:

• Employees – If an employee creates IP as part of their role, the business/employer usually owns that IP.
• Contractors or freelancers – Unless there is a written agreement transferring rights, contractors retain ownership of the IP they create, even if the business paid for it.
• Assignments & Agreements – IP rights can only be transferred through a legal assignment or contract, ensuring the business gains full ownership and control.

This is a common misconception: paying for work does not automatically give you IP ownership. To protect your business, always ensure IP is formally assigned in writing.

The five main types of intellectual property (IP) that businesses and creators should protect are:

1. Trade Marks – Protect your brand identity, including business names, logos, slogans, and distinctive signs that set you apart in the marketplace.
2. Designs – Safeguard the visual appearance of a product, including its shape, configuration, pattern, or ornamentation.
3. Patents – Provide legal protection for inventions, granting exclusive rights to make, use, or sell an innovative product or process.
4. Trade Secrets – Cover confidential business information such as formulas, processes, strategies, or client lists that give you a competitive advantage.
5. Copyright – Protects original works of authorship, including written content, artistic works, music, films, software, and more.

Together, these IP rights help businesses protect their brand, creativity, and competitive edge in the market.

Our IP lawyers in Sydney provide legal advice and tailored documentation across all major areas of intellectual property law. Whether you need help protecting, enforcing, or transferring your rights, we can assist with:

• Trade marks – registration, oppositions, infringement advice.
• Copyright advice – protecting written, visual, digital and creative works.
• Copyright Infringement advice – responding to breaches or enforcing your rights.
• Patents – assistance with applications and protection of inventions.
• Registered Designs – safeguarding the look and feel of your products.
• Infringement of Intellectual Property (IP) – disputes, enforcement, and litigation.
• IP Licensing Agreements – drafting and negotiating agreements to commercialise your IP.
• Non-Disclosure Agreement / Confidentiality Agreement – keeping sensitive business information secure.
• Deed of Confidentiality – protecting confidential information between parties.
• Deed of Assignment of Intellectual Property (IP) – transferring ownership of intellectual property.
• Deed of Assignment of a Trade Mark – ensuring trade marks are properly transferred.
• Deed of Assignment of Copyright – assigning ownership of creative works.
• Getting the right corporate structure – setting up the right structure to safeguard your IP.

By offering expertise across these areas, Progressive Legal ensures your intellectual property is fully protected from creation and registration through to enforcement and commercialisation.