Save
Busy. Please wait.
Log in with Clever
or
show password
Forgot Password?
Don't have an account?  Sign up 
Sign up using Clever
or
Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account. Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.

Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
edit
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

IP Law 1

Australian Intellectual Property Law Module 1

QuestionAnswer
What is Intellectual Property? Concerns intangible value, is from creative or intellectual effort and is distinguishable from real property.
What is the legal definition of Intellectual Property? Group of legislative and common law rights affording protection to creative and intellectual effort and includes laws on copyright, design, patent, circuit layouts, plant varieties, confidential information, trademark and business reputation.
List the legislation governing the facets of Intellectual Property. Copyright Act 1968 (Cth) Designs Act 2003 (Cth) Patents Act 1990 (Cth) Circuit Layouts Act 1989 (Cth) Plant Breeders Right Act 1994 (Cth) Trademarks Act 1995 (Cth) Competition and Consumer Act 2010 (Cth) s 18 of Sch 2
What type of law protects matters around business reputation (passing off) and confidential information. Business reputation is protected by common law and confidential information is protected by common law and equity.
What are the limitations of Intellectual Property? IP law does not extend to all intangible elements of property. IP rights are only covered by particular IP laws rather than abstract notions of intangible value.
Who has the right to make laws in regards to IP? In Australia, the Commonwealth is afforded express power to legislate in accordance to Section 51 (xviii)with regard to copyright, patents of invention and design and trademarks. The states make laws on plenary matters only.
What is WIPO? WIPO is the World Intellectual Property Organization established in 1967 to administer the Paris Convention and the Berne Convention.
What is the WIPO definition of Intellectual Property? Literary, artistic and scientific works; Performances of performing artists, phonograms and broadcasts; All inventions of human endeavour; Industrial designs; Trademarks, service marks and commercial names/designations; Unfair competition
What is TRIPS? An international agreement found as an appendix to agreement establishing the World Trade Organization
What is the TRIPS definition of Intellectual Property? Subject to Sections 1 through 7 of part II of agreement which are identified as: Copyright and related rights Trademarks Geographical Indicators Industrial Designs Patents Layout designs of circuits Protection of undisclosed information
Why do we have IP laws? IP laws encourage creativity by providing a commercial incentive. Some argue that IP laws discourages market competition by creating a monopoly.
What regulates copyright? Copyright Act 1968 (Cth)
What does the Copyright Act 1968 (Cth) protect? Subject matter such as artistic, literary, musical & dramatic works and subject matter other than works such as broadcasts, films and sound recordings.
Who owns the copyright and how does it arise? Copyright automatically occurs when the creator/originator puts something into material form. It does not require an application. The only exception is commercial arrangements.
How long does copyright protection last for? 70 years
What can you do with copyright material as the creator? License it out for a commercial return.
What is design? Design is look or features of a product that make it unique. It has to be new and distinctive.
What regulates designs, who can register a design and for how long? The Designs Act 2003 (Cth) regulates designs and the creator can register their rights over the design for as long as 10 years.
What legislation regulates patents? The Patents Act 1990 (Cth)
Who and what can be registered as a patent and for how long? The creator can register a patent for 20 years. The invention can be a tangible product or a process. It can be a lengthy, complicated and formalized process. Searches have to be conducted to ensure a patent does not already exist.
How long does an innovation patent last for? 7 Years. It is a second tier to patents and has a lower standard criteria to meet.
Is there a duration of protection for business reputation? No. Business reputation is determined by the courts (common law).
How are Artist resale rights protected? Covered by Resale Royalty Right for Visual Artists Act 2009 (Cth). Prior, original artist did not get a reward of resale of art pieces, especially if they generated a good reputation which would increase the value of the art piece being resold.
Created by: jjohnsonshapter
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards