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ausip:intro-ip [2019/03/08 10:20]
jessiej_87
ausip:intro-ip [2019/09/11 11:52] (current)
nic
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 ## What is Intellectual Property? ## What is Intellectual Property?
  
-Intellectual property is the title given to a class of exclusive ​rights ​over intangible ​creations. ​There are a variety ​of different ​areas of law within ​intellectual property ​law with the most common ​being copyright, trade marks, industrial designs and patent law. There are also sui generis laws, which include rights such as plant breeders rights, ​design circuits ​and geographical indicators. The table below sets out the key Australian ​statutes ​for intellectual property law. +Intellectual ​Property (IP) is a unique kind of legal ‘property’. Unlike physical property, which can be seen and touched, intellectual ​property is also known as ‘intangible property’ because it does not always take physical form. Intellectual property rights aim to protect the intellectual and creative efforts ​of individuals and organisations. 
 + 
 +IP plays an important role in fostering and rewarding originality,​ innovation and creativity in our economy. The legal system for protecting IP helps to identify and acknowledge ownership ​rights ​in creations. ​These ownership rights add economic value to creations and help to provide competitive advantage in the market. For example, these rights allow an IP owner to charge a fee to someone who wants to use or copy their creation or invention. 
 + 
 +### IP does not protect ideas 
 + 
 +It is important to note that intellectual property does not protect an idea or a concept. 
 + 
 +It is only when an idea is developed into a form of expression or into an invention that it becomes intellectual property. The law protects the way in which the idea is expressed, or a tangible invention that embodies the idea, rather than the idea itself. 
 + 
 +<WRAP center round box 90%> 
 +**For example:** Copyright law will protect the way that a book, such as a Harry Potter novel, is written, but will not protect the idea behind the story, such as the idea of a school for teenage wizards and witches. 
 + 
 +Songs, logos, theatrical plays and scientific inventions ​are all examples of things intellectual property can protect. 
 + 
 +Other things that do not qualify for intellectual property protection include 
 + 
 +* facts 
 + 
 +* pure data 
 + 
 +* mathematical equations. 
 + 
 +**Why not?** 
 + 
 +Because these things should be free for all people to use. Also, facts exist independently of any one person – they have not been ‘created’ or ‘invented’ by anyone. 
 + 
 +</​WRAP>​ 
 + 
 + 
 +### Types of IP 
 + 
 +**Video overview by Nic Suzor on the different types of [Intellectual Property](https://​www.youtube.com/​watch?​v=eOiHqDYhaF4)** 
 + 
 +The term ‘intellectual property right’ is broad term and branches out into different types of rights. Each of these IP rights protect ​different ​forms of intellectual property. The most common ​types of IP are: copyright, trade marks, industrial designsand patent law. 
 + 
 +In this video, Rob talks about the rights he considered to [protect the IP in a safety helmet](https://​www.youtube.com/​watch?​v=lTKbx91AE_4) he designed. Watch the video for an overview of the different types of IP as applied to a business context 
 + 
 +#### Copyright 
 + 
 +The term ‘copyright’ refers to the legal rights vested in the creators and publishers of an artistic, dramatic, musical or literary work, as well as sound recordings, films and broadcasts. From the moment a work comes into existence, copyright grants its creator an automatic right to copy, publish, perform and distribute the work.    
 + 
 +The main objective of copyright is to promote creativity and provide incentives to people who invest their time and talent in creating works of cultural and economic significance. 
 + 
 +Copyright law does not make any judgments about the aesthetic or cultural quality of a work. Thus, a ‘literary work’ simply refers to something in writing – a book, for example, does not need to qualify as high literature to receive copyright protection. An instruction manual for a new computer may receive protection as a literary work. 
 + 
 +Over time, copyright has evolved in its scope and application. It also covers computer programs, radio and TV broadcasts, cinematographic films (i.e. movies) and sound recordings. 
 + 
 +#### Patents 
 + 
 +A patent is a legal right granted to protect new and useful inventions. An invention might be a product (such as a machine), a process (such as a method for extracting one chemical from another), or a new technical solution to an existing problem. Some software inventions may also be protected by a patent. 
 + 
 +The objective of patent law is to recognise inventors for their inventions and encourage development of new technologies in every field. 
 + 
 +#### Trademarks 
 + 
 +A ‘trademark’,​ as the name suggests, is a unique mark with which a trade or business can identify itself in the market. We commonly think of these marks as ‘logos’. A trademark helps a business to distinguish its goods and/or services from competitors in a marketplace. A trademark may consist of a letter, number, word, phrase, sound, smell, shape, logo, picture, movement, aspect of packaging, or a combination of these. While it is possible to acquire a trademark over something like a colour or smell, it is extremely rare. 
 + 
 +Once registered, a trademark gives the owner a legal right to: 
 + 
 +* use the trademark in relation to its goods or services, permit others to use the mark, or sell the mark 
 +* stop competitors from using a same or confusingly similar trademark. 
 + 
 +<WRAP center round info 90%> 
 +The meaning and function of a ‘trademark’ is different from that of a ‘company name’, ‘business name’ and a ‘domain name’ or URL. A business may choose to adopt the same trademark as its company name, however, registering a business name or a domain name would not give the owner the right to stop others from adopting a same or similar company or business name. 
 +</​WRAP>​ 
 + 
 +#### Designs 
 + 
 +A design right aims to protect the outward appearance or aesthetic appeal of a product. It covers shapes, ornamentation,​ configuration and pattern. Designs differ from patents in that they cover how a product looks, rather than how it works. 
 + 
 +To qualify for registration,​ a design must have a commercial application or use, and must be new and distinctive compared to what has gone before. Once registered, the law gives the owner the sole right to commercially use, license or sell the design. Design registration lasts for 5 years, with the opportunity to renew registration up to 10 years.  
 + 
 +<WRAP center round info 90%> 
 +For designers to get protection, a design must be registered before any manufacturing starts. One-off artistic designs for things like fashion, art, and furniture will often be automatically covered by copyright law and do not require design registration unless they are mass produced (50 or more items). Once a design is mass-produced or once the owner registers for design protection, copyright in the artist design is lost. 
 +</​WRAP>​ 
 + 
 +### Sources of IP law 
 + 
 +In addition to the four main categories of IP discussed above, there are also a few other rules and sui generis laws for particular types of subject matter. These include rights such as plant breeders rights, ​circuit designs, ​and geographical indicators. The table below sets out the key Australian ​sources ​for intellectual property law. 
  
 ^Intellectual Property Area        ^Rights ​              ​^Source of Law in Australia | ^Intellectual Property Area        ^Rights ​              ​^Source of Law in Australia |
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 | 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) | 
 +| Plant Breeders'​ Rights | | |
 +| Circuit designs | | |
 +| Geographical Indicators | | |
 +| Trade secrets | | Common law (Breach of Confidence) |
  
  
  
-**Video overview by Nic Suzor on [Intellectual Property ​Law](https://​www.youtube.com/​watch?v=eOiHqDYhaF4)** +## Why do we have Intellectual Property?
   ​   ​
 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 specified 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 specified 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. 
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