What is Copyright? IP Part 4

What is copyright?

Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art and literature, music, films, sound recording, broadcasts and computer programs from copying and certain other uses. Copyright is not registered in Australia.

Material is protected from the time it is first written down, painted or drawn, filmed or taped. Copyright material will also enjoy protection under the laws of other countries who are signatories to the international treaties, of which Australia is a member.

Copyright protection is provided under the Copyright Act 1968 and gives exclusive rights to license 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. Those for artistic works, for instance, are different to those for literary and musical works.

Although making copies of copyright material can infringe exclusive rights, a certain amount of copying is permissible under the fair dealing provisions of the legislation.

Copyright doesn't protect you against independent creation of a similar work. Legal actions against infringement are complicated by the fact that a number of different copyrights may exist in some works - particularly films, broadcasts and multimedia products.

Consider using a copyright notice

Although a copyright notice with the owner's name and date is not necessary in Australia, it can help prove your ownership of the copyright, and is necessary to establish copyright in a few overseas countries. It can also act as a deterrent to potential infringers.

Copyright is lost if the owner applies a three-dimensional artistic work industrially. In such a case, it is necessary to register the design if protection is required.

Duration of copyright

This varies according to the nature of the work and whether or not it has been published.

Depending on the material, copyright for literary, dramatic, musical and artistic works generally lasts 70 years from the year of the author's death or from the year of first publication after the author's death.

Copyright for films and sound recordings lasts 70 years from their publication and for broadcasts, 70 years from the year in which they were made.

To learn more about IP, Please visit IP Australia

Previous Post on IP:

What Is IP (Intellectual Property)? Part 1

What is a Trade Mark? IP Part 2

What is a design? IP Part 3

What is a design? IP Part 3

Diva Chair
collection from Colico Design

What is a design?

Design refers to thefeatures of shape, configuration, pattern or ornamentation which, when appliedto a product, gives the product a unique appearance.

You can register a designbut it must be new and distinctive.

A registered design can bea valuable commercial asset. Once your registered design is examined andcertified, you have the exclusive and legally enforceable right to use, licenseor sell your design.

Pleasenote:

Design registration isintended to protect designs which have an industrial or commercial use. Designs which are essentially ARTISTIC WORKS are covered by copyright legislation and ARE NOT ELIGIBLE for design registration. The protection you receive is onlyfor the visual appearance of manufactured products, not how it works.

Durationof protection

Registration initiallyprotects your design for five years. You can then renew the registration for afurther five years.

Who administers designs?

Applications should befiled with the designs section of IP Australia. They will assess whether yourinvention is new and if it meets the legislative requirements.

Copyright protects theoriginal expression of ideas, not the ideas themselves. It is free andautomatically safeguards your original works of art and literature, music,films, sound recording, broadcasts and computer programs from copying andcertain other uses. Copyright is not registered in Australia.

Material is protected fromthe time it is first written down, painted or drawn, filmed or taped. Copyrightmaterial will also enjoy protection under the laws of other countries who aresignatories to the international treaties, of which Australia is a member.

Copyright protection isprovided under the Copyright Act 1968 and gives exclusive rights to licenseothers in regard to copying the work, performing it in public, broadcasting it,publishing it and making an adaptation of the work. Rights vary according tothe nature of the work. Those for artistic works, for instance, are differentto those for literary and musical works.

Although making copies ofcopyright material can infringe exclusive rights, a certain amount of copyingis permissible under the fair dealing provisions of the legislation.

Copyright doesn't protectyou against independent creation of a similar work. Legal actions againstinfringement are complicated by the fact that a number of different copyrightsmay exist in some works - particularly films, broadcasts and multimedia products.

To Learn more about IP, Please visit IP Australia

Tune in next Friday for Part 4: "What is A Copyright?"

Previous Post:

What Is IP (Intellectual Property)? Part 1

What is a Trade Mark? IP Part 2

What is a Trade Mark? IP Part 2

What is a trade mark?

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

It is used to distinguishgoods and services of one trade from those of another. This means you can'tregister a trade mark that directly describes your goods (e.g. radios) andservices (e.g. electrician).

While it is difficult toregister a geographic name or surname, someone who has used one extensively inthe marketplace for a considerable period of time may be able to achieveregistration.

Youdon't have to register your trade mark to use it

However, registration isadvisable because it can be an expensive and time consuming exercise to takeaction under common law.

A registered trade markgives you the exclusive legal right to use, license or sell it within Australiafor the goods and services for which it is registered.

Always search existingtrade marks before using a mark or applying for registration. You may findyourself the subject of legal action if the mark you propose to use is alreadyregistered or in use by someone else.

Timelimit

Initial registration of atrade mark lasts for 10 years. After that time you can continue to renew yourregistration for successive periods of 10 years on payment of the appropriatefee.

A trade mark can thereforehave an infinite life representing significant business value. You must,however, use your mark in a bona fide way to avoid it becoming vulnerable toremoval on the grounds of non-use.

Whoadministers trade marks?

Applications should befiled with the Trade Marks Office of IP Australia. They will examine yourapplication to see if it meets legislative requirements.

You can learn more aboutthe trade marks process under the trade markssection of this website.

Also, there is protectionagainst misrepresentation under the trade practices or fair trading legislationand it is also possible to take action under common law.

Tune in next Friday for Part 3: What is a design?


Image Source: http://www.mitash.com/

What Is IP (Intellectual Property)? Part 1

What is IP?

Intellectualproperty represents the property of yourmind or intellect. In business terms, this also means your proprietaryknowledge.

Types of IP in Australia

There are 5 different types of IP in Australia :

1. PATENT
2. INNOVATION PATENT
3. TRADE MARKS
4. DESIGNS
5. COPYRIGHT

   
   

   What is a patent?

   A patent is a right grantedfor any device, substance, method or process, which is new, inventive anduseful.
   A patent is legallyenforceable and gives the owner the exclusive right to commercially exploit theinvention for the life of the patent. This is not automatic, you have to applyfor a patent. All applications for patents are examined to ensure they meet thenecessary legal requirements for granting a patent.
   Patents give effectiveprotection if you have invented new technology that will lead to a product,composition or process with significant long-term commercial gain.
   You cannot patent artistic creations, mathematicalmodels, plans, schemes or other purely mental processes
   
   
   
   Apple patent filings hint at iPhone evolution

   
   

   What is an Innovation patent?

   The innovation patent is aprotection option specifically designed to protect inventions that do not meetthe inventive threshold required for standard patents. Introduced in 2001 tostimulate innovation among small to medium business and local industry, theinnovation patent is a relatively fast way to obtain protection for your newdevice, substance, method or process.
   The owner of anynew and useful invention that involves an innovative step can apply for aninnovation patent.
   
   
   Tune in next Friday for Part 2: "What is A Trademark?"
   
   
   Image Source"
   Iphone Patent : http://news.cnet.com/8301-13579_3-10220939-37.html