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ausip:intro-ip [2018/12/17 04:56]
127.0.0.1 external edit
ausip:intro-ip [2019/01/09 02:56] (current)
nic
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 ^Intellectual Property Area        ^Rights ​              ​^Source of Law in Australia | ^Intellectual Property Area        ^Rights ​              ​^Source of Law in Australia |
-| Copyright | to reproduce, ​copy, publish ​and make available ​works | //Copyright Act 1968// (Cth)| +| Copyright | to copy and distribute creative ​works and productions ​| //Copyright Act 1968// (Cth)| 
-| Trade marks | to use words, signs, symbols, sounds ​and smells ​to identify your goods and services in trade | //Trade Marks Act 1995// (Cth) | +| Trade marks | to use words and symbols ​to identify your goods and services in trade | //Trade Marks Act 1995// (Cth) | 
 | Patents | to commercially exploit an invention | //Patent Act 1990// (Cth) | | Patents | to commercially exploit an invention | //Patent Act 1990// (Cth) |
 | Design | to apply a shape or pattern to a creation | //Design Act 2003// (Cth) |  | Design | to apply a shape or pattern to a creation | //Design Act 2003// (Cth) | 
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-Intellectual property law, particularly ​copyright law, is thought to have a predominantly instrumental function: it provides creators of new work (whether it is inventors of patents or authors and publishers alike), with certain incentives in order to encourage the creation of new expression. It does this by granting creators control over certain uses of their creations for certain periods of time, limiting who may exploit, or make use of the creations. Each specific area of intellectual property law confers exclusive rights to the creator or owner. The exclusive rights vary between the types of intellectual property law, however, the concept of exclusive use of the creations remains the same. +Intellectual property law, and especially ​copyright ​and patent ​law, is thought to have a predominantly instrumental function: it provides creators of new work (whether it is inventors of patents or authors and publishers alike), with certain incentives in order to encourage the creation of new expression. It does this by granting creators control over certain uses of their creations for certain periods of time, limiting who may exploit, or make use of the creations. Each specific area of intellectual property law confers exclusive rights to the creator or owner. The exclusive rights vary between the types of intellectual property law, however, the concept of exclusive use of the creations remains the same. 
  
 There are several views concerning the purpose of intellectual property law. One view is that intellectual property encourages creativity and innovation by allowing creators to profit from their work. This view is most notable in the area of copyright and is reflected in the wording of many copyright laws. For example, the "​Copyright Clause"​ of the //United States Constitution//​ states that Congress may grant authors copyright protection for their works for a limited time in order to "​promote the progress of science and useful arts". ((//US Constitution,​ Article 1, Section 8, Clause 8//)) Similarly, the stated purpose of the //Statute of Anne//, the first copyright statute in England, was to "​encourage learning"​. ((//8 Anne Chapter 19// (1710) )) Another view is that intellectual property law ensures that creators are paid fairly for their effort. A third view suggests that a creative work is an expression of the personality of its creator and should be protected from being used without the creator'​s permission. There are several views concerning the purpose of intellectual property law. One view is that intellectual property encourages creativity and innovation by allowing creators to profit from their work. This view is most notable in the area of copyright and is reflected in the wording of many copyright laws. For example, the "​Copyright Clause"​ of the //United States Constitution//​ states that Congress may grant authors copyright protection for their works for a limited time in order to "​promote the progress of science and useful arts". ((//US Constitution,​ Article 1, Section 8, Clause 8//)) Similarly, the stated purpose of the //Statute of Anne//, the first copyright statute in England, was to "​encourage learning"​. ((//8 Anne Chapter 19// (1710) )) Another view is that intellectual property law ensures that creators are paid fairly for their effort. A third view suggests that a creative work is an expression of the personality of its creator and should be protected from being used without the creator'​s permission.
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