By Talk to a Lawyer · Published 19 September 2026 · 4 minute read
Intellectual-property advice begins with the asset you want to protect, use, license or challenge. That might be a brand, design, invention, software, creative work or confidential know-how. Different rights can overlap, and ownership is not always answered by who first had an idea. Explain what exists, who contributed and what you plan to do next before selecting a registration or enforcement service.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find intellectual property providers →Identify the asset and its history
Record when the work was created, who was involved, what agreements applied and whether it has been disclosed or used commercially. Gather development contracts, employment terms, licences and existing registration details. Tell the adviser about overseas activity or planned markets. Public disclosure and filing strategy can matter, so obtain advice before assuming a later application can solve every issue.
Separate ownership, protection and permission
Ask whether the work is to establish ownership, assess available protection, obtain registration or negotiate use by another person. IP Australia describes registered rights including trade marks, patents, designs and plant breeder's rights, while other protections have different arrangements. A trade mark application is not a complete clearance of every intellectual-property issue in a business launch.
Define the response to an alleged infringement
If someone has complained or you believe your work is being copied, preserve the actual material and correspondence. Record where and when you found it and the commercial impact you want assessed. Ask whether the first engagement includes an ownership and risk review before a demand is sent. Avoid assuming that similar appearance alone establishes infringement or that a registration guarantees success.
Map each asset to its creator, owner and permitted use
A brand, website, invention and customer database are not one interchangeable intellectual-property asset. Prepare an inventory showing who created each item, any employment or contractor arrangement, registrations and existing licences. Mark gaps where ownership has simply been assumed. If you are licensing material, explain the intended territory, duration and uses. If you are responding to an allegation, identify the exact material complained about. This lets the adviser distinguish protection, ownership, commercialisation and infringement questions before proposing searches, registration or correspondence.
Compare the scope and cost of advice
Compare advisers against the commercial decision you need to make. Give each office the same transaction stage, documents and objective, then ask for a first-stage deliverable. A review, a negotiation and ongoing business advice are different services. Record which financial assumptions need your accountant's input and who will coordinate any specialist work before a commitment is made.
- Review and advice
- Ask for the issues identified, their practical effect and the decisions you must make. Confirm whether written advice or a marked-up document is included.
- Drafting and negotiation
- Ask who communicates with the other party, how revisions are priced and what happens if the deal changes materially during the work.
- Completion or implementation
- Confirm responsibility for approvals, signing, records and follow-up tasks. Ask which registrations, searches or external professional costs sit outside the legal fee.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
A business wants to license a logo and accompanying software. It asks for an ownership review of the designer and developer agreements before negotiating permission for a reseller to use either asset.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
I need advice about [brand, design, invention or creative material]. It was created by [person or business], and we have [agreements or registrations]. The proposed use or dispute is [description]. Can you assess ownership and the next protection or response step?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about intellectual property
Should I register every type of IP?
Ask which rights match the asset and commercial objective. A lawyer or appropriate IP professional can explain the options and limits.
Does paying a contractor settle ownership?
Have the relevant agreement reviewed. Payment alone should not be treated as an answer to every ownership and licence question.
Further reading and scope
IP Australia: types of intellectual property
Australia; intellectual-property categories and protection.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.