Intellectual Property

Trade marks and intellectual property (IP) law is designed to protect the rights of creators, inventors, and businesses. The framework for these laws is primarily established at the federal level. Below is a list of the key legislation and regulations.

1. Trade Marks Act 1995 (Cth):
   • Governs the registration, protection, and enforcement of trade marks in Australia.
   • A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging, or a combination of these.
2. Copyright Act 1968 (Cth):
   • Protects original works of authorship, such as literature, music, films, sound recordings, broadcasts, and computer programs.
   • Copyright arises automatically upon the creation of the work and does not require registration.
3. Patents Act 1990 (Cth):
   • Provides protection for new and useful inventions, giving the patent holder exclusive rights to exploit the invention for up to 20 years (25 years for pharmaceutical patents).
4. Designs Act 2003 (Cth):
   • Protects the visual appearance of new and distinctive designs, such as the shape, configuration, pattern, and ornamentation of a product.

1. Registration Process:
   • Application: Submit an application to IP Australia, the government body responsible for administering intellectual property rights.
   • Examination: IP Australia examines the application to ensure it meets legal requirements.
   • Opposition: There is a period during which third parties can oppose the registration of the trade mark.
   • Registration: If the application passes examination and any opposition proceedings, the trade mark is registered and protected for ten years, renewable indefinitely.
2. Benefits of Registration:
   • Exclusive rights to use the trade mark in relation to the goods and services for which it is registered.
   • Legal protection against unauthorised use or infringement.
   • The right to take legal action against infringers.
   • Use of the ® symbol to indicate a registered trade mark.

1. Scope of Protection:
   • Protects literary, dramatic, musical, and artistic works, as well as films, sound recordings, broadcasts, and published editions.
   • Does not protect ideas, concepts, processes, or methods.
2. Duration
   • Generally, copyright lasts for the life of the author plus 70 years.
   • For sound recordings and films, copyright lasts for 70 years from the year of first publication.

1. Types of Patents:
   • Standard Patents: Provide long-term protection (up to 20 years) for inventions that are new, involve an inventive step, and are capable of industrial application.
   • Innovation Patents: Provide short-term protection (up to 8 years) for innovations that are new and involve an innovative step.
2. Application Process:
   • File an application with IP Australia, which includes a detailed description of the invention and claims defining the scope of the patent.
   • Undergo examination to ensure the invention meets the requirements for patentability.

1. Registration Process:
   • Submit a design application to IP Australia, including representations of the design.
   • Examination is optional but can be requested to confirm validity.
2. Duration:
   • Registered designs are protected for up to 10 years, provided renewal fees are paid.

Trade marks and IP law, governed by federal legislation, provide comprehensive protection for creators and businesses. Understanding these laws and the processes involved in securing and enforcing IP rights is crucial for protecting intellectual property assets. Contact Buckley Lawyers today on (02) 9220 1737 to discuss your IP law matters.