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Australia IP
Intellectual property laws in Australia
| Term | Definition |
|---|---|
| Intellectual Property | The property of your mind - something you have created in your own thoughts |
| Ownership of IP | To obtain legal ownership of intellectual property, you must register it and obtain the legal rights |
| Types of IP | - Patents - Trade Marks - Designs - Circuit layout rights - Copyright - Plant breeder's rights - Confidentiality/Trade secrets |
| Trade mark | A trade mark is something that identifies the goods or services of a manufacturer or seller, and makes it possible for consumers to recognise the goods or services immediately. |
| Trade mark - elements | A trade mark can include several elements, including: - Word - Phrase - Letter - Number - Sound - Smell - Shape - Logo - Picture - Aspect of packaging - Any combination of these |
| Trade mark - example | For example, the word Vegemite is a trade mark. See if you can identify an example of each of the other possible elements that can be part of a trade mark. |
| Trade mark - rights | A trade mark is a legal right that is given to the owner. It means that nobody else can identify their product in the same way, or in a way that seems to be the same and causes confusion or uncertainty about whose product it is. |
| Trade mark - registration | If a trade mark is registered with Intellectual Property Australia it means the owner’s legal right to that trade mark is protected. It is theirs alone to use. |
| Trade mark - rules | Some things are not allowed to be trade marks, such as things which are so common that letting one person would be unfair. For example, you could not trade mark the word ‘plumber’, as this would mean no other plumber could use that word. |
| Patent | A Patent is a legal right that a person can claim for an invention — something that is new, inventive and useful. |
| Patent - rules | - The claim can be for an object, a substance or a process - The creator has to make a formal claim to Intellectual Property Australia to be given that right. |
| Patent - rights | If the right is awarded then the inventor has the sole legal right to do what they want with their invention — they can sell it, licence it out to others, or just do nothing. But nobody else can make it or use it without the patent holder’s permission. |
| Patent - purpose | The aim of a patent is to protect the intellectual property (that is, the original ideas) of the developer, and make sure it is worth while for people to take the time, trouble and expense to develop new inventions. |
| Patent - disadvantage | When a person is awarded the patent they have to explain the new invention in the patent application, and this is made public — so others can see this explanation. |
| Patent - disadvantage - continued | Because patents are made public, others can try and make their own additions to the new invention, and claim patent rights if they also create something which is new inventive and useful. In this way all society can gain from the development of inventions |
| Design | Design is what makes a product looks the way it does. It includes: - Shape, - How parts are related (configuration), - Pattern - Ornamentation which, when applied to a product, gives it a unique appearance. |
| Design - registration | A design can be registered with Intellectual Property Australia. A registered design can be a valuable commercial asset — it gives the owner protection for the visual appearance of the product (but not how the product works). |
| Copyright | Copyright means that you have the right to something you create, whether it is: - Works of art - Music - Writing - Films - Sound recordings - Media broadcasts - Computer programs |
| Copyright - rules | Copyright does not protect the idea, but the way that idea has been expressed. For example, two people could come up with exactly the same cake recipe, but copyright would be with the first person to write it down. |
| Copyright - rules - continued | If two people stood on the same spot and took exactly the same photograph at the same time, each would have copyright ownership of their own photo. |
| Copyright - registration | Copyright is automatic and does not have to be registered. |
| Copyright - elements | Often there are several copyright elements in one thing |
| Copyright - elements - example | A movie may have copyright ownership of the words by the scriptwriter, the music by the composer, the words to a song by a song writer, the images by the cinematographer, and even the sound effects by the specialist who created them. |
| Copyright - control of usage | Copyright means the owner can control who uses his or her work. |
| Copyright - exceptions | There are exceptions that allow ‘fair dealing’, for example by students who are allowed to copy part of a book for their research, or for a school that can make a copy of a DVD that they have legally purchased. |
Created by:
awhit626
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