IP Protection
Intellectual Property Protection in Australia
Australia provides IP protection through a combination of federal legislation and equitable principles. With a well-resourced patent office (IP Australia), strong equitable protection for confidential information, and modern electronic evidence laws, Australia offers robust IP protection for innovators across the Asia-Pacific region.
Framework
IP Protection in Australia
Australia's IP framework is primarily federal. Patents are governed by the Patents Act 1990 and administered by IP Australia. Trade secrets are protected through the equitable doctrine of breach of confidence, with no standalone trade secret statute. Copyright is automatic under the Copyright Act 1968. Australia also offers innovation patents (though new applications closed in August 2021) and design registrations. The country is a member of major international IP treaties including the PCT, Paris Convention, and TRIPS Agreement. For trade secret protection, Australia's reliance on equitable principles makes documented evidence of confidentiality measures particularly critical.
Trade Secrets
Trade Secret Law in Australia
Australia has no specific trade secrets legislation. Protection comes through the equitable action for breach of confidence, developed through English common law and applied by Australian courts. This makes Australia similar to Canada in relying on judge-made law rather than statute.
The leading test comes from Coco v. AN Clark Engineers (1969), applied in Australian courts: the information must have the quality of confidence, it must have been imparted in circumstances importing an obligation of confidence, and there must be unauthorised use causing detriment.
The High Court of Australia confirmed the breadth of this protection in Commonwealth v. John Fairfax & Sons (1980), extending confidentiality obligations beyond contractual relationships to any circumstances where an obligation of confidence can be inferred.
Australian courts have awarded significant damages and injunctions for breach of confidence. In Optus Networks v. Telstra (2010), the Federal Court protected confidential pricing information, demonstrating the commercial value courts place on trade secrets.
Employee obligations are addressed through implied duties of fidelity and express contractual terms. Post-employment restraints must be reasonable to be enforceable, making pre-employment documentation of trade secrets essential.
Without statutory guidance on 'reasonable steps,' blockchain timestamps from immut provide powerful evidence that you identified and protected confidential information — critical when the burden of proof lies with the information holder.
Patents
Patent System Overview
Typical Cost
AUD $20,000 - $40,000+
Including filing, prosecution, and attorney fees
Timeline
2-4 years (standard patent)
From application to grant
Process Steps
File a standard patent application with IP Australia (AUD $370 online filing fee).
IP Australia conducts a formality check and publishes the application 18 months after the priority date.
Request examination within 5 years of filing (earlier if directed by IP Australia).
Examiner assesses novelty, inventive step, and utility under the Patents Act 1990.
Respond to examination reports and amend claims as needed. Acceptance must be achieved within 12 months of the first report.
Patent granted after acceptance and payment of the acceptance fee. Renewal fees due annually from years 5-20. Australia uses a first-to-file system.
Legal Framework
Key Legislation and Case Law
Patents Act 1990
(1990)Federal statute governing Australian patents. Defines patentable inventions, application procedures, examination, and infringement. Administered by IP Australia.
Copyright Act 1968
(1968)Federal copyright statute providing automatic protection for original works upon creation. Timestamps establish the creation date, critical for proving authorship and ownership.
Electronic Transactions Act 1999
(1999)Federal legislation recognising the legal validity of electronic transactions and electronic records, providing a statutory foundation for the admissibility of blockchain timestamps.
Evidence Act 1995 (Cth)
(1995)Federal evidence statute. Section 48 addresses proof of electronic communications, and section 146 covers evidence of electronic records. Provides the framework for admitting blockchain timestamps in federal proceedings.
Commonwealth v. John Fairfax & Sons
(1980)High Court of Australia decision confirming that the equitable duty of confidence extends beyond contractual relationships. Broadened the scope of trade secret protection in Australia.
IP Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Act 2020
(2020)Phased out the innovation patent system (effective August 2021) and made various amendments to patent law, reflecting Australia's evolving IP landscape.
Blockchain in Courts
Blockchain Evidence in Australia
Blockchain evidence is admissible under the Evidence Act 1995 and Electronic Transactions Act 1999
The Evidence Act 1995 (Cth) provides for the admissibility of electronic records under sections 48 and 146. Blockchain records meet the definition of electronic records under the Act.
The Electronic Transactions Act 1999 recognises electronic records as having the same legal validity as paper records, supporting the use of blockchain timestamps as evidence.
State and territory evidence acts mirror the federal provisions. The uniform Evidence Acts adopted in NSW, Victoria, Tasmania, and the ACT all provide for electronic evidence admissibility.
Australian courts, particularly the Federal Court, have dealt with blockchain and cryptocurrency matters in several cases, building judicial familiarity with the technology and supporting its use for evidentiary purposes.
immut
How immut Helps in Australia
Provide documented evidence of confidentiality measures in a jurisdiction where trade secret protection relies on judge-made equitable principles rather than statute.
Establish priority dates under Australia's first-to-file patent system, critical for patent disputes and prior art defence.
Generate blockchain timestamps admissible under the Evidence Act 1995 across all federal and state/territory courts.
Offer instant protection at a fraction of the AUD $20-40K cost of an Australian standard patent.
Support breach of confidence claims with irrefutable proof of when information was created and documented as confidential.
Enable Australian companies to protect IP across the Asia-Pacific region with internationally recognised blockchain evidence.
FAQ
Frequently Asked Questions
Does Australia have a trade secrets statute?
No. Australia protects trade secrets through the equitable action for breach of confidence, not a dedicated statute. This judge-made law is well established but means the burden of proving confidentiality measures falls heavily on the information holder. Blockchain timestamps from immut provide essential evidence of these measures.
Is blockchain evidence accepted in Australian courts?
Yes. The Evidence Act 1995 and Electronic Transactions Act 1999 both support the admissibility of electronic records, including blockchain timestamps. State and territory evidence acts provide similar provisions. Australian courts have growing experience with blockchain technology through cryptocurrency cases.
What happened to Australian innovation patents?
Innovation patents (which offered a lower inventive threshold and 8-year term) were phased out in August 2021. New applications are no longer accepted. This makes trade secret protection with blockchain timestamps an even more attractive option for innovations that previously might have qualified for an innovation patent.
How does immut compare to Australian patent costs?
An Australian standard patent costs AUD $20,000-$40,000+ and takes 2-4 years. immut provides instant blockchain-verified protection starting free, with Professional plans at $29/month. For innovations suited to trade secret protection, immut saves over 99% compared to patent filing.
Can immut protect IP for export to Asia-Pacific markets?
Yes. immut's blockchain timestamps are jurisdiction-independent evidence recognised internationally. For Australian companies exporting to Asia-Pacific markets, timestamps provide evidence of IP ownership that can be used in disputes in any jurisdiction — particularly valuable when combined with local IP filings.
Protect Your IP in Australia
Get blockchain-verified proof of your intellectual property in 60 seconds. Court-admissible in Australia and recognised internationally.