Elise Explains IPcast
Elise Explains IP provides simple, expert guidance on trade marks, design registrations, copyright, brand strategy, and intellectual property law in Australia. Whether you're building a business or creating new content, Elise helps you understand your rights, avoid risks, and protect the value of your work.
Episodes
When people think about succession planning, they usually focus on the obvious assets—property, shares, bank accounts and equipment.
But what about the intellectual property?
Trade marks, customer databases, software, operating manuals, websites, branding, confidential know-how and business systems can be some of the most valuable assets a family business owns. Yet they're often overloo...
When people think about estate planning, they usually think about Wills, family homes and bank accounts. But what about your intellectual property?
If you're a business owner, inventor, creative or entrepreneur, some of your most valuable assets may be your copyright, trade marks, software, confidential information, business s...
Can a country own the name of a product?
In this episode of Elise Explains IP, Elise explores the fascinating Federal Court decision in Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791, a case that sits at the intersection of trade marks, geographical indications, branding, and national identity.
The dispute centred on Per...
In this special international episode of Elise Explains IP, Elise sits down with Mexican intellectual property lawyer Armando Contreras Vaal, founder of Guru.Legal, to discuss the realities of trade mark protection in Mexico, some unforgettable client stories, and the challenges businesses face when expanding into new markets.
From representing int...
Case Study: Blurred Lines — Inspiration vs Infringement
Episode SummaryCan you copyright a vibe?
It's one of the most debated questions in intellectual property law, and it sits at the heart of the famous Blurred Lines copyright dispute between the creators of the 2013 hit song and the estate of Marvin Gaye.
In this episode of Elise Explains IP, Elise explores the landmark case that sparked global debate about where inspirat...
In this special international edition of Elise Explains IP, Elise is joined by Mexican intellectual property lawyer Aida Cervera, founding partner of CELE Abogados, to discuss the practical realities of protecting brands internationally.
Drawing on more than 20 years of experience in intellectual property law, including time spent at the Mexican Institute of Industrial Property (IMPI), Aida shares valuable insights into trade mark ...
Many creatives assume they have only two options when it comes to intellectual property: keep it or sell it. In reality, licensing often provides a far more flexible and commercially valuable alternative.
In this episode of Elise Explains IP, Elise explores how licensing works, why it is one of the most powerful tools available to creatives, and how poorly structured arrang...
In this episode of Elise Explains IP, Elise unpacks one of the most misunderstood areas of Australian copyright law: moral rights.
Most business owners understand the concept of copyright ownership — but far fewer understand that creators can retain important personal rights connected to attribution, reputation, and integrity, even when copyright itself ...
Most creatives know that copyright exists — but far fewer understand how ownership, licensing, and commercial use actually work in practice.
In this episode of Elise Explains IP, Elise breaks down the fundamentals of copyright law in Australia for creatives, business owners, and agencies. The episode explores who really owns creative work, why contract...
What happens when a company copies the structure of a software system — but writes its own code?
In this episode of Elise Explains IP, Elise unpacks one of the most important intellectual property cases in modern technology: Oracle v Google.
The dispute centred on Google’s use of Java APIs when developing Android, and raised a major legal question:
Can the structure of software systems be protected by copyright?
But t...
Expanding your business internationally sounds like growth.
But from a trade mark perspective, it’s often where things start to unravel.
In this episode, recorded from London during the INTA Conference, Elise unpacks a common — and costly — issue: why so many businesses run into trade mark problems when they enter new markets.
The key takeaway? Your brand might feel global… but legally, it isn’t.
What...Who Really Owns Your Trade Mark? Lessons from Black Star Pastry v Richards
Episode SummaryYou can build a strong brand, file a trade mark… and still not legally own it.
In this episode of Elise Explains IP, Elise unpacks the recent Federal Court decision in Black Star Pastry Pty Ltd v Richards (No 2) [2026] FCA 383 — and why it highlights one of the most critical (and commonly misunderstood) issues in trade mark law:
...
World IP Day Special: IP and Sports — Ready, Set, Innovate!
Episode SummaryWhat do the Olympics, Nike, athlete sponsorships, and sports technology all have in common?
They’re powered by intellectual property.
In this World IP Day special, we unpack this year’s theme — “IP and Sports: Ready, Set, Innovate!” — and explore how sport provides one of the clearest real-world examples of how IP c...
Choosing a business name feels like a creative decision — but legally, it’s one of the most important strategic choices you’ll make.
In this episode of Elise Explains IP, we unpack the most common trade mark mistakes startups make, and why getting this wrong early can lead to expensive rebrands, lost opportunities, and unnecessary legal risk.
Through practical examples and real-world scenarios, you’ll learn ...
When you “buy” software, do you actually own it?
In most cases, the answer is no.
In this episode of Elise Explains IP, we break down software licensing basics in plain English — what a licence really is, why it matters for your business, and the risks that often get overlooked.
Because software isn’t just a tool — it’s infrastructure. And if you don’t understand your rights, you may not be...
Most business owners assume their website or app is “theirs.”
But in reality, ownership of what you’ve built is often fragmented — spread across developers, designers, copywriters, and third-party platforms.
In this episode, Elise breaks down how intellectual property actually works in websites and apps, where businesses commonly get caught out, and what to fix before it impacts growth, control, or a future ...
Episode Title: Why Cadbury Doesn’t Own the Colour Purple (And Why Colour Trade Marks Are So Hard)
Episode OverviewCan a business really “own” a colour?
In this episode of Elise Explains IP, we unpack Cadbury’s long-running attempts to protect its iconic purple packaging — and why those efforts have had mixed success in Australia and internationally.
Using real cases, including the dispute with Darrell...
Episode: Social Media IP Risks for Brands
Social media has become one of the most powerful tools for building a brand. But it also introduces a range of intellectual property risks that many businesses overlook.
In this episode of Elise Explains IP, Elise discusses the most common IP and brand protection risks businesses face on social media — particularly when marketing teams, agencies, influencers and customers are all usin...
The Katy Perry Trade Mark Case: What the High Court Actually Decided
Episode: Taylor v Killer Queen LLC [2026] HCA 5
Episode OverviewIn this episode of Elise Explains IP, we unpack the High Court of Australia’s long-awaited decision in Taylor v Killer Queen LLC [2026] HCA 5 — widely known as the Katy Perry trade mark case.
The dispute involved an Australian fashion designer who registered the trade mark “Katie Pe...
Many of the world’s most memorable brands are built around short phrases.
Think “Just Do It”, “Because You’re Worth It”, or “I’m Lovin’ It.”
But can businesses actually protect slogans and taglines as trade marks?
In this episode of Elise Explains IP, Elise unpacks how trade mark law treats slogans, why many ...
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