Australian Intellectual Property Law Module 1
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| What is Intellectual Property? | Concerns intangible value, is from creative or intellectual effort and is distinguishable from real property.
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| 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.
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| 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
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| 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.
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| 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.
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| 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.
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| What is WIPO? | WIPO is the World Intellectual Property Organization established in 1967 to administer the Paris Convention and the Berne Convention.
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| 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
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| What is TRIPS? | An international agreement found as an appendix to agreement establishing the World Trade Organization
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| 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
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| 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.
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| What regulates copyright? | Copyright Act 1968 (Cth)
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| 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.
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| 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.
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| How long does copyright protection last for? | 70 years
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| What can you do with copyright material as the creator? | License it out for a commercial return.
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| What is design? | Design is look or features of a product that make it unique. It has to be new and distinctive.
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| 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.
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| What legislation regulates patents? | The Patents Act 1990 (Cth)
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| 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.
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| 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.
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| Is there a duration of protection for business reputation? | No. Business reputation is determined by the courts (common law).
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| 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.
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