If you go to all the effort of developing a product, you want to
be sure that no one comes along to steal your work. You may be
surprised to know that your ideas can be legally protected -
lawyers call this the protection of "intellectual property". The
various ways that intellectual property can be protected are
through the laws of:
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There are a number of laws that apply to intellectual property:
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This is pretty much what it says: it stops someone copying the
creative work of a person unless they have been given permission
to do this. This can be achieved by paying a fee/royalty, and/or
acknowledging the creator, and/or that the use is authorised.
To copyright your product, you do not have to take formal steps.
It is automatic as soon as the product is created, for example,
when you write a letter or make a sketch. But remember copyright
does not protect ideas.
Copyright is automatic - you don't need to register it, although
there are services where you can do this. The advantage is that
you then have formal proof of the creation of the product.
In general copyright protects works such as:
- Film, music and sound recordings;
- Other artistic works, etc.
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A design is that part of a product which distinguishes it from
similar products. The design is not the product itself, but more
its appearance. For example, the design of a Rolls Royce if
different to the design of a Mercedes.
Designs can only be protected if they are registered under the
Designs Act. To be registerable, the design must be:
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This protects a name or the identification of a product. It can
be important if someone tries to hijack the name - if you have
registered the trademark you can take action to stop them.
You don't have to register a trademark. If it has been used for
some time it may be recognised by the common law. But in that
case you would have to prove the point in court rather than
relying on your registered trademark.
Another benefit of registration is that it allows the owner to
use the mark throughout Australia, and you can assign, transfer
or sell the rights in the trademark.
What Trademarks can be Registered?
Not all trademarks can be registered. Under the Trademarks Act,
a mark must be either:
- An invented word e.g. "Lawforyou/Law4U";
- A group of words that are innovative;
- A distinctive mark or logo; or
Remember, just having a business or company name is different to
a trademark. It may be the basis for proving a common law right
to a name, but for certainty you should register a name.
How to Register a Trademark
IP Australia registers trademarks and patents and provides
information on the protection of intellectual property. You
should:
- Check the Register of Trademarks and the applications pending to
see if there are any similar marks in the same classification of
products and services; and
- Apply for registration if there is no conflict. If there is a
conflict and you want to keep the trademark, get legal advice.
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This is the way to protect something you have invented. You can
register it with IP Australia.
A patent allows the inventor to have the exclusive right to make
and sell the invention.
To register a patent, an invention must be:
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Our dedicated team can assist you with all matters relating
to developing or protecting your Intellectual Property. Complete
and submit the Express Enquiry form on the top right hand side
of this page and we will contact you to discuss your enquiry
or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223
9166 to arrange an
appointment. |
