Elise Explains IPcast

elisesteegstra
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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.

  1. 5d ago

    How India Protects Brands: An IP Conversation with Ahona Chakrabarty - Ep 34

    Trade Marks in India: What Every Global Brand Needs to Know with Ahona Chakrabarty - Ep 34 Expanding your business into India? Your trade mark strategy might need more attention than you think. In this episode of Elise Explains IP, I'm joined by Indian trade mark lawyer Ahona Chakrabarty to explore how intellectual property protection works in one of the world's fastest-growing economies. India has become a major market for international businesses, but many foreign brands still treat it as a secondary filing jurisdiction. As Ahona explains, that delay can create unexpected problems, even for well-known international brands. We discuss why India is a first-to-use jurisdiction, the importance of filing trade marks early, how non-traditional trade marks such as shapes, sounds and even scents are being protected, and what businesses should consider when using AI to develop new brands. Whether you're already doing business in India or planning international expansion, this episode offers practical insights to help you protect your brand before problems arise. In this episode we discuss: Why India should be considered an early trade mark filing jurisdiction How India's first-to-use trade mark system differs from many other countries Common misconceptions businesses have about trade mark registration Why filing a trade mark application does not automatically give you registered rights The importance of conducting clearance searches before launching a new brand How famous international brands can still face objections in India Section 11 objections and why delaying your filing can create unnecessary risk Registering non-traditional trade marks, including shape marks, sound marks and scent marks The growing role of artificial intelligence in branding and trade mark creation Why AI shouldn't replace creativity when developing a distinctive brand Practical advice for businesses looking to protect their intellectual property internationally Key takeaway One of the biggest mistakes businesses make is treating intellectual property as something to deal with after they've launched. Whether you're creating a new brand or expanding overseas, thinking about trade marks early can save significant time, money and frustration later. About Ahona Chakrabarty Ahona Chakrabarty is an Indian trade mark lawyer who specialises in trade mark prosecution, enforcement and brand protection. She advises businesses on protecting their intellectual property in India and has extensive experience navigating one of the world's fastest-growing and most dynamic trade mark systems. Resources If you're considering expanding your business internationally, don't assume your Australian trade mark rights will protect you overseas. Every country has its own laws, filing strategies and commercial considerations. If you'd like advice on protecting your intellectual property in Australia or developing an international filing strategy, we'd love to help. Book an IP Strategy Call through the link in the show notes. If you need assistance protecting your trade mark in India, you can also contact Ahona using the details provided below. KRISHNA & SAURASTRI ASSOCIATES LLP Tel: (+91 22) 2200 6322 Ext 291 Fax: (+91 22) 2200 6326 / 66550607 Mobile: (+91) 7045996758 ahona@krishnaandsaurastri.com www.krishnaandsaurastri.com https://www.linkedin.com/in/ahona-chakrabarty-212146141/  Enjoying the podcast? If you're finding Elise Explains IP helpful, please subscribe, leave a review and share the episode with another business owner or advisor. It helps more people understand how intellectual property can protect the businesses they're building.

  2. Jul 15

    Who Owns the Intellectual Property in Your Family Business? - Ep 33

    Who Owns the IP in the Family Business? 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 overlooked until it's too late. Following on from our previous episode discussing the Victorian Supreme Court decision in Re Estate of Vaughan, this episode explores what happens when intellectual property is tied up in a family business, why ownership matters, and how poor planning can create expensive disputes during succession or estate administration. If you're a business owner, founder, or advisor working with family businesses, this episode will help you understand why IP should be a key part of every succession plan. In this episode, you'll learn: Why intellectual property is often one of the most valuable assets in a family business. The difference between creating IP and legally owning it. Why founders don't automatically own all of the business's intellectual property. Common ownership traps involving employees, family members, contractors and marketing agencies. Why company ownership and IP ownership don't always align. The risks executors face when intellectual property forms part of a deceased estate. How unclear IP ownership can fuel family disputes after retirement or death. Five practical steps every family business should take to protect its intellectual property before succession occurs. Key Takeaways Intellectual property doesn't disappear when a business owner retires or passes away. In fact, it often becomes even more important. Without clear ownership records, valuable assets such as trade marks, copyright, domain names, software, confidential information and business systems can become difficult—or impossible—to transfer, licence or protect. Taking the time to identify, document and align ownership of your intellectual property can save significant legal costs, preserve business value and make succession far smoother for the next generation. Free Resource Not sure where to start? Download my free Intellectual Property Audit Checklist from my website. It will help you identify the key IP assets in your business, understand who owns them, and highlight potential gaps before they become costly problems. Download here: https://www.elisesteegstra.com Need Help? If you'd like advice on: Intellectual property ownership Family business succession Trade marks and copyright Business structuring Estate planning for business owners I'd be happy to help. Book a strategy call through my website: https://www.elisesteegstra.com Connect with Elise 🌐 Website: https://www.elisesteegstra.com 💼 LinkedIn: https://www.linkedin.com/in/elisesteegstra/ 🎙️ Subscribe to Elise Explains IP wherever you listen to podcasts so you never miss an episode. #familybusiness #intellectualproperty #businesssuccession #estateplanning #trademarks #copyright #businessowners #smallbusiness #familyenterprise #iplaw #businessprotection #EliseExplainsIP

  3. Jul 8

    Guest Interview: Re Estate of Vaughan – When an Executor Accidentally Destroys IP - Ep 32

    What Happens to Your Intellectual Property When You Die? 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 systems, designs or patents. These assets don't simply disappear when you die—and if they're overlooked by your executor, the consequences can be significant. In this episode of Elise Explains IP, Elise is joined by commercial and estate planning lawyer Sarah Carey to explore the intersection between intellectual property and estate planning. Using the Victorian Supreme Court decisions in Re Estate of Vaughan; Dunn v Dunn-Vaughan [2024] VSC 7 and Re Estate of Vaughan; Dunn v Dunn-Vaughan (No 2) [2024] VSC 128, they discuss how an executor became personally liable after disposing of documents that contained valuable intellectual property, mistakenly believing that copyright ended when the creator died. It's a fascinating reminder that intellectual property can survive its creator for decades—and that executors have a legal duty to identify, protect and properly administer those rights. In this episode we discuss: Why estate planning is about much more than simply making a Will. The different estate planning documents every business owner should consider. How intellectual property forms part of a deceased estate. The duties and fiduciary obligations of executors and administrators. Why copyright can continue for up to 70 years after the creator's death. The facts and outcome of the Vaughan decisions. Why searching IP Australia won't identify copyright. How an executor became personally liable for more than $400,000. Practical steps business owners can take to protect their intellectual property as part of their succession planning. Choosing the right executor when intellectual property forms part of your estate. Key Takeaways Your intellectual property may become one of the most valuable assets in your estate. Executors have a duty to identify, preserve and appropriately manage intellectual property, just as they would any other estate asset. Never assume that copyright or other intellectual property rights end when their creator dies. Business owners should include intellectual property in their estate and succession planning, and ensure their executors know what assets exist and where to find them. Resources Yarra Lane Group https://yarralanegroup.com.au Connect with Sarah Carey on LinkedIn: https://www.linkedin.com/in/sarah-carey-444b7042/ sarah.c@yarralanegroup.com.au Cases Discussed Re Estate of Vaughan; Dunn v Dunn-Vaughan [2024] VSC 7 Re Estate of Vaughan; Dunn v Dunn-Vaughan (No 2) [2024] VSC 128 If you enjoyed this episode, please subscribe, leave a review, and share it with a business owner, inventor, creative or advisor who could benefit from understanding how intellectual property fits into estate planning. As always, this podcast contains general information only and is not legal advice. If you'd like advice about protecting your intellectual property or incorporating it into your estate planning, you can book a strategy call via my website.

  4. Jul 1

    Can Peru Trade Mark PISCO? The Fight Over a National Drink - Ep 31

    Can Peru Trade Mark PISCO? The Global Fight Over a National Drink - Ep 31 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 Peru's attempt to register PISCO as a certification trade mark in Australia. While Peru argued that Pisco is a uniquely Peruvian spirit produced according to strict regional and production standards, the Australian Trade Marks Office initially refused the application, finding that Australian consumers may understand pisco to refer more generally to a spirit produced in both Peru and Chile. The Federal Court ultimately disagreed. This episode examines how the Court approached the question of consumer perception, the role of certification trade marks, and why the commercial value of a product's origin can become a powerful form of intellectual property. In This Episode What a certification trade mark is and how it differs from an ordinary trade mark The history of Pisco and why both Peru and Chile claim rights to the name Why geographical origin can become valuable intellectual property How consumer perception influences trade mark registration The evidence that persuaded the Court to overturn the Registrar's decision The relationship between certification marks and geographical indications What this decision means for producers, industry groups, and brand owners Key Takeaways Certification marks protect standards, not ownership Unlike ordinary trade marks, certification marks indicate that goods meet particular standards relating to quality, production methods, ingredients, or geographic origin. Reputation can become intellectual property Consumers often associate products with particular places, traditions, and production methods. That reputation can become commercially valuable and legally protectable. Consumer understanding matters Trade mark disputes are often decided by how consumers understand a word, name, or brand in the marketplace—not simply by historical arguments or dictionary definitions. Geographic branding can be a major business asset Whether you're producing wine, food products, agricultural goods, or specialty products, the reputation attached to where something comes from may be one of your most valuable assets. Cases Discussed Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791 Connect with Elise If you need assistance with trade marks, branding, certification marks, licensing, or intellectual property strategy, visit: 🌐 https://www.elisesteegstra.com   Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.

  5. Jun 24

    Trade Marks, Grumpy Cats and Tequila: An IP Conversation with Armando Contreras Vaal - Ep 30

    Trade Marks, Grumpy Cats and Tequila: An IP Conversation with Armando Contreras Vaal 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 internet celebrities and world-famous athletes to navigating trade mark squatting and geographical indications, this episode offers a fascinating insight into the Mexican IP landscape. In This Episode How Armando Found His Way into IP Like many IP lawyers, Armando didn't set out to specialise in intellectual property. What started as a university job opportunity has turned into a career spanning almost two decades and the creation of his own boutique IP practice, Guru.Legal. The Grumpy Cat Trade Mark Story One of Armando's most memorable matters involved representing the famous Grumpy Cat brand in Mexico. The Mexican Trade Mark Office initially raised concerns because of Disney's character Grumpy from Snow White. Armando successfully argued that consumers were unlikely to confuse a globally recognised internet cat with one of Disney's seven dwarfs, supported by evidence of Grumpy Cat's enormous popularity in Mexico. Protecting Trade Marks Before It's Too Late Armando discusses a common problem faced by entrepreneurs worldwide: Investing in branding before conducting trade mark searches Building websites and marketing materials before checking availability Discovering a trade mark conflict only after significant investment The discussion highlights why clearance searches should be one of the first steps in building a new brand. Unusual Trade Marks: Smells and Sounds The conversation explores non-traditional trade marks, including: Smell marks such as the distinctive scent associated with Play-Doh Sound marks registered in Mexico The challenges of proving distinctiveness for non-conventional branding assets It's a reminder that trade marks can extend far beyond words and logos. Mike Tyson and Trade Mark Rights Armando also shares a story about representing Mike Tyson in Mexico, overcoming objections based on an earlier registration for wrestler Tyson Kidd. The case demonstrates how reputation and context can play an important role in trade mark examination and enforcement. Tequila, Mezcal and Geographical Indications No discussion about Mexican IP would be complete without mentioning tequila. Armando explains how Mexico protects products through designations of origin and discusses the regulatory framework surrounding tequila and mezcal production and international use. Trade Mark Squatting in Mexico The episode concludes with practical advice for businesses entering Mexico, including: Conducting searches before launching Keeping evidence of use Understanding prior use rights Acting quickly when expanding internationally Avoiding trade mark squatting risks These lessons apply not only in Mexico but in many jurisdictions around the world. Key Takeaways Trade mark searches should happen before brand launch. International expansion creates unique trade mark risks. Non-traditional trade marks can include sounds, smells and other distinctive features. Evidence of use can be critical when enforcing rights. Trade mark squatting remains a significant issue in many countries. Local advice is invaluable when entering a new market. Connect with Armando Contreras Vaal Guru.Legal 🌐 https://guru.legal Email ✉️ https://www.elisesteegstra.com Disclaimer: This podcast is intended to provide general information only and does not constitute legal advice. Always obtain professional advice tailored to your circumstances before acting on any legal issue.

  6. Jun 17

    Blurred Lines: Inspiration vs. Infringement Unpacked - Ep 29

    Case Study: Blurred Lines — Inspiration vs Infringement Episode Summary Can 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 inspiration ends and infringement begins. The case raised difficult questions about creativity, influence, originality, and whether copyright law should protect a particular style or feel. While the dispute arose in the music industry, the lessons apply far beyond songwriting. Business owners, designers, marketers, content creators, and brand builders all face similar challenges when drawing inspiration from successful competitors and industry leaders. Elise breaks down what happened in the case, why the decision remains controversial, how Australian copyright law approaches similar issues, and what creators can do to reduce legal risk while still producing original work. In This Episode The story behind the Blurred Lines copyright dispute Why Marvin Gaye's estate took legal action The difference between inspiration and infringement What copyright law does and doesn't protect Whether a "style" or "feel" can be protected Why the verdict divided musicians and copyright lawyers How Australian copyright law would approach similar issues Practical lessons for creators, businesses and brands How to draw inspiration without crossing legal boundaries Key Takeaways Copyright Protects Expression, Not Ideas Copyright generally protects the specific way an idea is expressed, rather than broad concepts, genres, styles or creative influences. Inspiration Is Not the Problem Every creator is influenced by existing work. The challenge is ensuring that inspiration becomes something new rather than a reproduction of someone else's protected material. Similarity Alone Is Not Enough The legal question is usually whether protected elements have been copied, not simply whether two works feel alike. Businesses Face Similar Risks The same principles apply when creating websites, branding, advertising campaigns, social media content, software, and marketing materials. Originality Creates Value The strongest intellectual property is often created when businesses build on inspiration while adding their own distinctive contribution. Featured Case Williams v Gaye (commonly referred to as the Blurred Lines case) The dispute concerned allegations that the song Blurred Lines infringed copyright in Marvin Gaye's 1977 song Got to Give It Up. The case became one of the most significant and controversial copyright decisions in modern music history. Further Reading Williams v Gaye (The Blurred Lines Case) The case is formally known as: Williams v Gaye, 895 F.3d 1106 (9th Cir. 2018) A useful summary of the appellate decision can be found through Stanford University's Copyright and Fair Use Center: 🔗 https://fairuse.stanford.edu/case/williams-v-gaye/ The full Ninth Circuit judgment is available via Justia: 🔗 https://law.justia.com/cases/federal/appellate-courts/ca9/15-56880/15-56880-2018-03-21.html The decision upheld the jury's finding that Blurred Lines infringed Marvin Gaye's Got To Give It Up, while also generating significant debate about whether the ruling risked extending copyright protection too far into musical style and influence. Further Listening Episode 7: Aldi, Trade Dress and the Fine Line Between Inspiration and Copying If you enjoyed this discussion about where inspiration becomes infringement, you may also enjoy Episode 7, where I explore Aldi's history of product packaging disputes and the concept of trade dress. While Blurred Lines focuses on copyright in creative works, the Aldi cases raise similar questions in branding and consumer products: When does inspiration become imitation? How close is too close? What does the law actually protect? How do courts distinguish between competition and copying? 🎧 Listen to Episode 7: Aldi, Trade Dress and Copying Resources To learn more about protecting the intellectual property in your business: 🌐 Elise Steegstra https://www.elisesteegstra.com Book a strategy call to discuss: Copyright protection Trade marks and branding Intellectual property ownership Business structures and asset protection Commercial agreements and licensing Connect If you enjoyed this episode, please: Follow Elise Explains IP Leave a review on your favourite podcast platform Share the episode with a business owner, creative or entrepreneur Connect with Elise on LinkedIn Because the best time to protect your intellectual property is before a dispute arises.

  7. Jun 10

    Protecting Brands in Mexico, Global Trade Mark Challenges & the Rise of AI | A Conversation with Aida Cervera - Ep 28

    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 protection in Mexico, common mistakes businesses make when expanding internationally, and the opportunities and risks presented by artificial intelligence. This episode also marks the beginning of a new interview format for the podcast, featuring conversations with IP professionals from around the world to explore global perspectives on intellectual property. In This Episode Trade Mark Filing Challenges in Mexico Why classification of goods and services remains one of the most common trade mark filing issues The risks of filing trade mark applications without professional advice How overly narrow or incorrect specifications can undermine trade mark protection Practical differences between filing in Mexico and other jurisdictions Trade Mark Enforcement and Customs Protection How customs enforcement works in Mexico Recording trade marks with customs authorities The importance of preparing enforcement strategies in advance Practical considerations when counterfeit goods are detected Non-Traditional Trade Marks The growing role of sound marks and 3D marks Why non-traditional marks can be difficult to examine and enforce Challenges facing trade mark offices as new forms of branding emerge Working with examiners to overcome objections and secure registration Artificial Intelligence and Intellectual Property How AI is being used in legal practice today The dangers of relying on AI-generated legal research without verification Real-world examples of lawyers being caught citing fictional cases and authorities The impact AI may have on legal services, client expectations, and professional responsibility Emerging copyright and ownership questions surrounding AI-generated content Key Takeaways for Business Owners Protect your intellectual property early Don't assume trade mark registration is a simple administrative exercise International expansion requires careful consideration of local filing requirements AI can be a powerful tool, but it should never replace professional judgment Intellectual property is a valuable business asset and should be treated as an investment, not an afterthought Resources Mentioned CELE Abogados 🌐 https://celeip.com Connect with Aida Cervera 📧 aida@celeip.com AI Hallucination and Misuse Cases Database 🌐 https://www.damiencharlotin.com/hallucinations/ This database tracks court decisions and legal proceedings involving the misuse of generative AI, including cases where lawyers have submitted AI-generated fictitious authorities and citations. About Aida Cervera Aida Cervera is the founding partner of CELE Abogados in Mexico and has more than 20 years of experience in intellectual property law. Her background includes almost four years at the Mexican Institute of Industrial Property (IMPI), where she worked within the Divisional Department of Marks. She regularly advises businesses on trade marks, brand protection, enforcement, and international IP strategy. Need Help Protecting Your Intellectual Property? If you'd like advice on protecting your brand, copyright, trade marks, or other intellectual property assets in Australia, you can book a strategy call with Elise at: 🌐 www.elisesteegstra.com   Disclaimer: This podcast provides general information only and does not constitute legal advice. You should obtain professional advice tailored to your specific circumstances before taking action.

  8. Jun 3

    Creatives’ Biggest Mistake: To licence or not to licence - Ep 27

    How to License Your Creative Work (Without Losing Control) 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 arrangements can result in lost value, confusion, and disputes. Whether you're a designer, photographer, artist, writer, software developer, content creator, or business owner, understanding licensing can help you generate income from your work while retaining ownership and control. In This Episode What a licence actually is and how it differs from an assignment Why licensing allows you to retain ownership of your intellectual property Common examples of licensing in creative and commercial industries The risks of informal or unwritten licensing arrangements The key terms every licence should address Exclusive vs non-exclusive licences Licensing duration, territory, and permitted uses How licensing can create recurring revenue streams Common mistakes creatives make when granting rights to others Why value and commercial impact should influence pricing Practical steps to better protect and monetise your creative work Key Takeaway A licence is simply permission to use intellectual property under agreed conditions. Unlike an assignment, a licence allows the creator to retain ownership while generating value from their work. When structured correctly, licensing can become a powerful business asset rather than a one-off transaction. Questions to Consider Do you know whether your current agreements are licences or assignments? Have you clearly defined how clients can use your work? Are your licensing arrangements documented in writing? Are you being appropriately compensated for the commercial value of your intellectual property? Could your creative work generate ongoing revenue through licensing opportunities? Common Licensing Terms When licensing creative work, consider: Scope of permitted use Exclusivity Duration Geographic territory Rights to modify or adapt the work Payment structure Termination rights Attribution requirements Who Should Listen? This episode is ideal for: Designers and creatives Photographers and videographers Writers and content creators Software developers Digital product creators Marketing professionals Small business owners Founders and entrepreneurs Need Help Protecting Your Intellectual Property? If you're unsure whether you're licensing your intellectual property, assigning it, or inadvertently giving away valuable rights, professional advice can help you avoid costly mistakes. Book a strategy session at: 🌐 www.elisesteegstra.com Subscribe & Connect If you enjoyed this episode, please subscribe, leave a review, and share it with someone building a business or creative brand. Elise Explains IP helps business owners, founders, creatives, and advisors understand intellectual property in a practical, strategic, and accessible way.

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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.

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  • Creator
    elisesteegstra
  • Years Active
    2025 - 2026
  • Episodes
    34
  • Rating
    Clean
  • Copyright
    © Copyright 2025 All rights reserved.
  • Show Website
    Elise Explains IPcast