Elise Explains IPcast
Elise Explains IP provides simple, expert guidance on trade marks, design registrations, copyright, brand strategy, and intellectual property law in Australia.
- Indexed episodes, last 90 days
- 11
- Latest publication
- Sep 23, 2026
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- Jul 8, 2026
Latest episodes
Naming Your Brand vs. You as the Brand - Ep 42 (opens the original)
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Why Naming Your Brand After Yourself Is a Stupid Idea - Ep 42 Naming your business after yourself feels natural, especially when you're a sole trader starting out. But from an IP and business perspective, it can quietly create problems down the track — and this episode unpacks exactly why. In this episode, Elise covers: Why personal names can be harder to register as trade marks (common surnames in particular can run into "not inherently adaptable to distinguish" objections from IP Australia) Wh
Is “Inspired By” Packaging Copyright Infringement? Aldi v Hampden Explained - Ep 41 (opens the original)
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Is “Inspired By” Packaging Copyright Infringement? Aldi v Hampden Explained - Ep 41 Back in Episode 7, we covered the trial decision in Aldi v Hampden — the case about Aldi's MAMIA baby snack packaging and its similarities to Hampden's BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES range. This episode covers what happened next: the Full Federal Court appeal, and why it matters for anyone who's ever briefed a designer to “get inspired by” a competitor. At trial, the result was mixed — three of A
Registered Designs (and Trade Dress) — The IP Right Most Product Businesses Are Missing - Ep 40 (opens the original)
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Registered Designs (and Trade Dress) — The IP Right Most Product Businesses Are Missing - Ep 40 If you've launched a product before protecting its design, you may have already lost your chance to register it — not made it harder, lost it, permanently. That timing trap is one of the biggest reasons product businesses miss out on one of the most useful, and most underused, IP rights available to them. In this episode, Elise breaks down registered designs — what they protect, why they matter commer
Can India Own “Basmati” in Australia? Why Pisco Won but Basmati Lost - Ep 39 (opens the original)
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Can India Own “Basmati” in Australia? Why Pisco Won but Basmati Lost Can one country secure trade mark rights over the name of a product that is also legitimately produced somewhere else? India’s agricultural export authority, APEDA, sought to register BASMATI as a certification trade mark in Australia. The proposed mark was intended to identify Basmati rice grown in India and certified under APEDA’s standards. There was, however, a significant complication: Basmati rice is also grown in Pakista
Who’s Using Your Trade Mark? How to Monitor and Protect Your Brand - Ep 38 (opens the original)
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Who’s Using Your Trade Mark? How to Monitor and Protect Your Brand - Ep 38 Registering a trade mark is an important step—but it does not mean IP Australia will monitor the market or automatically stop other businesses from adopting a similar brand. Following on from the BROWN NOSE DAY case, this episode looks at what happens after registration. The Full Federal Court confirmed in Registrar of Trade Marks v National Cancer Foundation Limited [2026] FCAFC 95 that the Registrar’s post-registration
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