IP Protection

IP protection is at the utmost priority for business which use IP in their daily business trading. IP Australia is the organisation which provides advice on IP protection for businesses. A guide has been created which can assist individuals and business about what IP is appropriate to them. Additionally protection is available under three specific acts which relate to IP. An outline of two of these can be found below.

Copyright Act 1968

The Copyright Act 1968 is used for any work, defined as literary, dramatic, musical and artistic works, and subject matter other than a work, including cinematograph film, sound recordings, television broadcasts, sound broadcasts and published editions. The copyright associated with each case is automatically created though the Copyright Act 1968 and allows for protection against infringement when a substantial part of the material is copied or the exclusive right of the owner is violated.

Under the Copyright Act 1968, the creator of the copyright generally owns it, however specific exemptions apply to copyright created by employees, for commissioned artistic works and films. For employees the generally rule under Section 35(6) is that if a work is created in the course of the employee’s employment the employer will be the owner of the subsisting copyright.

Additionally special attention must be given to third party creators such as advertising agents who create copyright on behalf of the company as such third parties are generally the owners and agreements must be in place to assign the ownership copyright to the company. Similarly copyright may be licensed if the owner has given up the exclusive right to use and is exploiting their copyright though licensing agreements.

Protection under the copyright is available if the requirements of the Copyright Act 1968 are met. These requirements can be found here.

Additional readings on copyright can be found here, while additional information about the Copyright Act 1968 can be found here.

Trade Mark Act 1995

The Trade Mark Act 1995 is used for trade marks, defined in the Act as “a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person.”

Protection is available for trade marks which have been registered though IP Australia for infringement. Trade mark infringement may occur if the same mark is substantially identical or deceptively similar that causes consumers of those goods or services to wonder if the completing product or service came from the same source.

The process for applying for a trade mark is outlined below from IP Australia.

Step 1 Trade Mark Application Search - IP Australia (2011)

Step 2 Trade Mark Application Apply - IP Australia (2011)

Step 3 Trade Mark Application Report - IP Australia (2011)

Step 4 Trade Mark Application Register - IP Australia (2011)

Further reading about the Trade Mark Act 1995 can be found here.