Hi there. Intellectual property (IP) refers to new or original creations such as inventions, words, phrases, symbols, logos, designs and ideas. The law recognises that intellectual property is a valuable asset. As a business owner, there can be great commercial value in the intellectual property rights associated with your business. But you should also consider whether your business’ operations will infringe the intellectual property rights of a third party.

You said that you want to know if your business’ use of particular designs will infringe copyright. Copyright is the legal protection afforded to the original expression of ideas and usually applies to art, literature, music, films, etc. Copyright is not typically associated with commercial logos, symbols or phrases and is therefore not likely to be an issue for your business.

However, your business will need to consider whether its use of particular words, phrases or logos are affected by trade marks. A trade mark is a right that is granted over a word, phrase, letter, shape, logo or picture used to represent the products or services of a business. It is used to distinguish a business from its competitors. A registered trade mark gives the business exclusive rights to use the trade marks in Australia for commercial purposes, sell the rights to the trade mark to another business, and protect the trade mark if others try to use it. A trade mark can also be registered for international use.

If your business intends to use words, phrases or logos that are trade marks registered by another business, then you run the risk of infringing the intellectual property rights of that business. If this occurs, the other business could take legal action against you to stop the continued use of the trade mark and/or pay compensation for any loss that business had suffered as a result.

IP Australia – the federal government agency responsible for intellectual property in Australia – manages a free database called ATMOSS that allows you to search all the trade marks registered in Australia. You can search the database at www.ipaustralia.gov.au to see if your business’ apparel designs are similar to any registered trade marks. Although searching the database sounds simple, it can be a complex process requiring skill and persistence. There are many different classes of trade marks and you will need to search for deceptively similar trade marks to the ones you intend to use, not just identical trade marks.