Business intellectual property: prepare an adviser brief

01 / Practical step

Make an asset inventory

List the brand identifiers, creative material, product features or know-how relevant to the enquiry. Describe each in ordinary language and record where it is used. Note whether the question concerns a new launch, an existing registration, a contractor’s work or a dispute. IP Australia explains different types of IP; use that overview to prepare questions rather than assuming every asset requires a trade mark or patent application.

02 / Practical step

Trace creation and agreements

Record who created the material and what agreements govern that work. Include employment, contractor, licence or assignment documents if available. Do not assume that paying an invoice alone resolves ownership. Ask the adviser what further records are needed and how third-party material affects the intended use. Keep confidential technical material secure and ask how to describe it during intake before distributing detailed information.

03 / Practical step

Explain territories and the next decision

Tell the adviser where the business operates or plans to use the asset, and whether launch, disclosure or a response is approaching. An Australian enquiry may involve overseas questions that require separate work. Ask what the proposed advice covers geographically and whether another professional is needed. Avoid publishing sensitive details merely to make an enquiry easier; explain the timing and ask for an appropriate intake arrangement.

04 / Practical step

Compare searching, advice, applications and disputes

A search, an assessment of options, an application and a response to an objection or allegation are different services. Ask what a search is designed to check and what it cannot establish. Request a breakdown of professional work and official fees where relevant. If you have received an allegation or official notice, provide the complete document and its dates rather than selecting a general registration service.

05 / Practical step

Illustrative example: a new product brand

A maker plans to use a product name and commissioned packaging artwork. They list the intended markets, the designer’s agreement and the planned launch, then ask an adviser to separate brand and artwork questions. They do not assume that checking a business-name register confirms freedom to use the brand. The invented example illustrates scoping and ownership enquiries, not a finding that the name or artwork is protected.

• Asset and intended-use list
• Creator and agreement records
• Existing applications or registrations
• Markets and launch or response dates
• Questions about scope and official fees

06 / Practical step

Keep the engagement aligned with the asset

If a product name, design or intended market changes during the work, tell the adviser. Ask whether the earlier search or assessment still addresses the new proposal. Keep application records, correspondence and ownership documents organised by asset rather than by email sender alone. Before commissioning enforcement work, clarify whether the first stage is an assessment of options or communication with another party, and what would require further instructions.