IP + trade marks + patents in Western Australia
Trade Marks Act 1995 + Patents Act 1990 + Designs Act 2003 + Copyright Act 1968. Innovation patent phase-out, AI training data + orphan works reforms.
0
WA-specific obligations
7
Federal obligations
Federal
Designs Act 2003 — design registration
IP Australia administers registered designs — visual appearance of products.
Register trademarks with IP Australia
Without registration, brand protection relies on common-law passing-off — costly to enforce.
Patents Act 1990 — standard + innovation patents
IP Australia administers standard + innovation patents (innovation patent system closing).
File patent applications with IP Australia
Patents protect inventions for up to 20 years (standard) or 8 years (innovation patents — being phased out).
Trade Marks Act 1995 — registration + renewal
IP Australia administers trade mark registration; 10-year terms + renewals + use requirements.
Copyright Act 1968 — record-keeping for orphan works
From January 2023 — diligent search + record-keeping needed for orphan works defence.
Register designs with IP Australia
Registered designs protect product visual appearance for up to 10 years.