Company Profile
Recently guest speaker from Intellectual Property Services Australia Eunika spoke to us about the importance of protecting our creative ideas and now i can only stress how important it is to know all of this information before you perhaps embark on a new business venture or share your new creations with the public.
Recently guest speaker from Intellectual Property Services Australia Eunika spoke to us about the importance of protecting our creative ideas and now i can only stress how important it is to know all of this information before you perhaps embark on a new business venture or share your new creations with the public.
IP Australia is the Australian Government agency that administers intellectual property (IP) rights and legislation relating to patents, trade marks, designs and plant breeder's rights. They are a prescribed agency within the Department of Industry, Innovation, Science, Research and Tertiary Education.
They administer legislation that governs four types of IP rights. For more information on the legislation for each of the rights see: Patents Trade marks Designs Plant breeder's rights
They administer legislation that governs four types of IP rights. For more information on the legislation for each of the rights see: Patents Trade marks Designs Plant breeder's rights
They process applications, conduct hearings and maintain IP registers
IP Australia receive and process patent, trade mark, designs and plant breeder's rights applications, conduct hearings and decide on disputed matters relating to granting or refusing Australian IP rights.
They maintain the registers of patents, designs, trade marks and plant breeder's rights and regularly produce journals detailing new applications and registrations.
Australia is a member of the Patent Cooperation Treaty (PCT). This standardises the process for customers who apply for patents in countries that are members of the PCT.
They:
receive PCT applications from customers who use the PCT to seek patents in countries that are members of the treaty
carry out international searches and conduct international preliminary examinations for these customers.
IP Australia work with professional bodies in Australia and overseas
They work with IP offices in other countries and with international and regional organisations to enhance Australia's role in developing IP systems and processes around the world.
Target Market
Creative people that want to protect their ideas, designs, business name etc. Individuals and businesses in Australia and overseas.
Intellectual Property Catagories
Trademarks
Trademarks protect Brands. A trade mark is used to distinguish the goods and services of one trader from those of another.
A trade mark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. A registered trade mark is legally enforceable and gives you exclusive rights to commercially use, licence or sell it for the goods and services that it is registered under. You will often see something with a symbol R or TM, this means they are protected. Trademarks last 10 years, however you can keep renewing it so it can last forever.
Copyright
Copyright protects text, music, images and art. Copyright protection is free and automatic in Australia and protects the original expression of ideas, and not the ideas themselves.
Common works protected by copyright are:
- books
- films
- music
- sound recordings
- newspapers
- magazines
- artwork.
Copyright also protects originally created:
- typographical arrangements
- databases
- media broadcasts
- computer programs
- compositions of other people's work such as academic journals or CD compilations.
Registered Designs
This protects the appearance of something. A design refers to the features of shape, configuration, pattern or ornamentation which gives a product a unique appearance, and must be new and distinctive. Design registration is intended to protect designs which have an industrial or commercial use.
A registered design gives you the owner, exclusive rights to commercially use it, licence or sell it. It lasts for 5 years and you can renew it but only for another 5 years, so all up lasts 10 years.
Patents
Patents protect the function of something e.g waterproof fabric. A patent is a right that is granted for any device, substance, method or process that is new, inventive, and useful.
A patent is legally enforceable and gives you (the owner), exclusive rights to commercially exploit the invention for the life of the patent.
A patent is legally enforceable and gives you (the owner), exclusive rights to commercially exploit the invention for the life of the patent.
Patents last 20-25 years , they are unofrtunately difficult to get and quite expensive.
Price Architecture & the process
Copyright
Copyright is free and automatic in Australia.
Trademarks and designs
The first step is to file an application at IP Australia (Australia only) or through an attorny (Australia and overseas). They will write to you and tell you either yes or no in relation to what has already been protected, your design/name may be too similar. When they say yes it's available it will cost you $120 for 1 class e.g if i'm creating a company called madeleines furniture i would register it in the furniture class as well as any other classes that relates to my business or that i may want to branch out into in the future e.g jewellery. This is obviously going to cost you more but it gives you a wider range of protection. From then on keep track of you IP and use IP notices.
It is very important to know that in Australia a Business Name is only an administrative thing-you need it but this does not mean you have the rights of that name.
A trademark is the only legal way to protect your brand name.
It is also important to know that if you market and show of your designs before you register, you won't be allowed to register as it's 'already out there.' o think twice about posting a photo of you new design on facebook before you think about registering.
Patents
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