A member asked over 7 years ago

Jurisdiction

If I protect my IP via registration, will this provide global protection or just protection in Australia?

David Coleman
Director (Principal Solicitor) at Lawyers and Legal Services Sydney Pty Limited

It depends on a number of factors such as the type of IP being protected (copyright, trademark, design or patent) and the other countries in which it is sought. For instance, if the IP is copyright, Australia is a party to the Berne Convention which has 172 member countries and means that each country will protect the rights of copyright of citizens in every other country without any additional registration. However, if it is a patent, it will only be protected in other countries if it is registered in the other country or with the World Intellectual Property Organisation (WIPO) under the Patent Cooperation Treaty (PCT). A trademark needs to be filed with WIPO under the Madrid Protocol and Industrial Designs or Plant Breeder's Rights protected in Australia have no general protection at the global level.



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