What is intellectual property (IP)?
How do I protect my intellectual property?
What is copyright?
Can I register copyright?
How do I register a patent?
How long does a standard patent last?
Do I need a Patent Attorney?
What is a Patent Attorney?
What is a trademark?
How long does the registration last?
What is a design?
Can I register a design?
IP represents the property of your mind or intellect. In business terms, this means proprietary knowledge. IP is a business asset and like other business assets it should be identified and an appropriate value placed on it. Valuing your IP may help you obtain better access to finance and will almost certainly increase the value of your business. Confidential information, patents, registered designs, trade marks, copyright, circuit layout rights and plant breeders' rights are all legally classified as IP rights. Ownership of those rights means you can sell, licence or bequeath IP in much the same way as property.
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In Australia, patents, trademarks, designs and copyrights have been Commonwealth functions since federation. Some IP rights are automatic while others are granted only after application and examination against the relevant criteria by relevant agencies. IP Australia administers patents, trademarks and design rights, the Department of Primary Industry administers plant breeders' rights and the Attorney General's Department administers the legislation for automatic rights to copyright and circuit layout.
Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art, literature, music, films, broadcasts and computer programs from copying and certain other uses. Material is protected from the time it is first written down, painted or drawn, filmed or taped. Copyright owners from other countries are also protected.
Copyright protection is provided under the Copyright Act 1968 and gives exclusive rights to licence others in regard to copying the work, performing it in public, broadcasting it, publishing it and making an adaptation of the work. Rights vary according to the nature of the work.
To register a patent you must file an application with the patents office within IP Australia which will asses whether or not it is new and meets legislative requirements. Patents cover, generally, any device, substance, method or process which is new, inventive and useful.
An Australian standard patent lasts for 20 years, although annual maintenance fees are payable from its third year.
If you are lodging a patent your application must describe accurately and broadly the characteristics of your invention and state the scope of the patent rights sought. Thorough searching and careful drafting of your invention is necessary and it is recommended that you consult a patent attorney before you apply.
A Patent Attorney is a specialist who will assist you in the preparation and lodgement of all applications for Intellectual Property, Patents, Trade Marks and Designs. To find a Patent Attorney contact the Institute of Patent Attorneys on 1800 804 536 or contact your local Business Advisory Service.
A trademark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these. It is a sign which is used to distinguish goods and services of one trade from another and, therefore, must not be a sign that other traders may wish to use to promote or describe their goods or services. This means you cannot register a trademark which directly describes your goods or services.
Initial registration for a trademark lasts for 10 years. After that time you can continue to renew your registration for successive periods of 10 years on payment of the appropriate fee.
Registered Designs are used to protect the visual appearance of manufactured products. A registered design gives you a legally enforceable right to use your product’s design to gain a marketing edge. It also prevents others from using the design without your agreement.
To be registered, your design must be new or original. New means not known or previously seen in Australia. Original means it has never been applied to your product, although it may have been applied to another type of product.