IP Law in Australia
Do you want exclusive rights to a certain product or service? Look no further, this guide helps you protect your ideas in a commercial setting.
Intellectual Property (IP) is the property of your mind, under the law this includes patents, trademarks, copyright, design or an application of your idea. We need the law to protect your idea, invention or creative design from being copied or misused. It’s all about protecting your work!
What are patents used for?
Any invention with industrial application may be patentable in Australia.
What are trademarks used for?
A trademark is a unique way to identify a product or service. Essentially telling the world who and what you are, as trademarks are granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. E.g. We all know Cadbury colour purple or the QANTAS flying kangaroo no doubt these are trademarked, no body wants a rip off! Once you have chosen to register one or many of the above this is legally enforceable and you have exclusive rights to use this trademark in a commercial setting.
What are copyrights used for?
In Australia the moment an idea or creative concept is recorded on paper or electronically, it has automatic copyright protection. In Australia we have automatic copyright so there is no official registry or application process in place or required. Lucky you! What does copyright protect: it gives you exclusive rights to prevent others copying your work, broadcasting, performing or publishing it. While this is the case it helps you to identify your work also it only lasts 70 years. Be aware designers, 3D industrial designs often loose copyright.
IP Australia Celebrated 110 years this year!
Did you know the Wireless LAN (Local Area Network) technology or WiFi was invented and patented in Australia in 1993? You’re using it right now!
Dominic is the CEO of Lawpath, dedicating his days to making legal easier, faster and more accessible to businesses. Dominic is a recognised thought-leader in Australian legal disruption, and was recognised as a winner of the 2015 Australian Legal Innovation Index.