Intellectual Property

Intellectual property (IP) is the general name given to the laws covering patents, trade marks, designs, copyright, circuit layouts, and other registered intellectual property rights.

Intellectual property laws protect the property rights in creative and inventive endeavours and give creators and inventors certain exclusive economic rights to deal with their creative works or inventions. Depending on the type of intellectual property right, the exclusive economic may be granted for a limited time.

Patents

A patent is a right granted for any device, substance, method or process, which is new, inventive and useful.

A patent is legally enforceable and gives the owner the exclusive right to commercially exploit the invention for the life of the patent. You have to apply for a patent in order to protect your invention, as it isn't automatically protected. All applications for patents are examined to ensure they meet the necessary legal requirements for granting a patent.

A Patent Search will enable you to identify any patent prior art that could prevent you from having a valid patent granted.

Trade marks

A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these.

A registered trade mark gives you the exclusive legal right to use, license or sell your goods or services in Australia. It distinguishes your goods and services from others in the marketplace.

Anyone who claims to be the owner of a trade mark can apply for registration of that trademark. The registration continues indefinitely as long as the renewal fees are paid.

It is important to understand that registration of a business name does not in itself give you any proprietary rights - only a trade mark can give you that kind of protection.

Registered designs

If you are the owner of a product then you can register its design to protect the visual appearance. Registration protects your design from being used without your permission.

Copyright

Copyright provides legal protection for people who express ideas and information in certain forms that include writing, music, visual images, moving images and computer programs.

It is designed to prevent the unauthorised use by others of a work that is the original form in which the idea or information has been expressed by the creator.

Copyright protection is free in some countries and there is no need to register for copyright protection. But it is recommended that copyright owners to place a copyright notice in a prominent place on their work.