Elise Explains IPcast

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.

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.

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.

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

[email protected]

www.krishnaandsaurastri.com

https://www.linkedin.com/in/ahona-chakrabarty-212146141/ 

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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.

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.

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.

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

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:

🌐 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

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.

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.

Yarra Lane Group

Connect with Sarah Carey on LinkedIn:

[email protected]

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.

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.

Unlike ordinary trade marks, certification marks indicate that goods meet particular standards relating to quality, production methods, ingredients, or geographic origin.

Consumers often associate products with particular places, traditions, and production methods. That reputation can become commercially valuable and legally protectable.

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.

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.

Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791

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.

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.

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.

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.

Armando discusses a common problem faced by entrepreneurs worldwide:

The discussion highlights why clearance searches should be one of the first steps in building a new brand.

The conversation explores non-traditional trade marks, including:

It's a reminder that trade marks can extend far beyond words and logos.

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.

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.

The episode concludes with practical advice for businesses entering Mexico, including:

These lessons apply not only in Mexico but in many jurisdictions around the world.

Guru.Legal

Email

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.

Case Study: Blurred Lines — Inspiration vs Infringement

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.

Copyright generally protects the specific way an idea is expressed, rather than broad concepts, genres, styles or creative influences.

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.

The legal question is usually whether protected elements have been copied, not simply whether two works feel alike.

The same principles apply when creating websites, branding, advertising campaigns, social media content, software, and marketing materials.

The strongest intellectual property is often created when businesses build on inspiration while adding their own distinctive contribution.

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.

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:

The full Ninth Circuit judgment is available via Justia:

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.

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:

🎧 Listen to Episode 7: Aldi, Trade Dress and Copying

To learn more about protecting the intellectual property in your business:

🌐 Elise Steegstra

Book a strategy call to discuss:

If you enjoyed this episode, please:

Because the best time to protect your intellectual property is before a dispute arises.

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.

🌐 https://celeip.com

📧 [email protected]

🌐 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.

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.

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.

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.

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.

When licensing creative work, consider:

This episode is ideal for:

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

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.

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 has been assigned.

Using the recent Federal Court decisions in:

Elise explains why these cases are becoming so important for filmmakers, agencies, designers, photographers, writers, and creative businesses across Australia.

The episode explores:

This episode is particularly relevant for:

If you need assistance with:

you can book a strategy call via:

www.elisesteegstra.com

Website: www.elisesteegstra.com

If you enjoyed this episode, please subscribe, leave a review, and share the podcast with a business owner, creative, or agency team who would benefit from understanding how moral rights actually work in Australia.

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 contracts matter more than most people realise, and how copyright protection can change once designs move into commercial manufacturing.

Whether you’re a designer, photographer, content creator, artist, videographer, or creative agency, this episode explains the practical realities behind one of the most important forms of intellectual property.

Elise discusses:

Copyright is not just a legal technicality — it is a commercial asset.

Understanding who owns creative work, what rights are being transferred, and when additional protection may be required can make a significant difference to the long-term value of a creative business.

If you need guidance around:

you can book a strategy call via:

🌐 www.elisesteegstra.com

This podcast provides general educational information only and does not constitute legal advice. You should obtain advice tailored to your specific circumstances before acting on any information discussed in this episode.