Intellectual Property

What is Intellectual Property?
Intellectual Property (often referred to as IP) is that which is created with the mind or the intellect. In business terms this means proprietary knowledge. IP can be broadly divided into two categories:

Registrable Intellectual Property - owner needs to apply for government rights:

Patent
A patent is a temporary monopoly (20 years) which allows the patentee the exclusive right to commercially exploit (e.g. make, use, sell or license) an invention for the life of the patent. Once the patent expires, the invention becomes public property and may be exploited by any member of the public. An invention cannot simply be a discovery, concept or idea. It must be all or part of a product, process or chemical composition that introduces new technology.

Trade Mark
A trade mark is a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or a combination of any of these that is used to distinguish the goods or services of a business as being those provided by, or on behalf of, the owner of the trade mark. The trade mark should be capable of distinguishing goods or services from those of competitors by symbolising a certain image, quality, personality or reputation that will assist in attaining and maintaining a real or perceived competitive advantage.

Registered Design
A registered design protects the visual appearance of manufactured products. The appearance can be defined in terms of shape and configuration, or pattern or ornamentation, or both. It is distinct from a patent in that it provides a monopoly to exploit the appearance of the article; whereas, a patent provides protection for the manner in which the article actually operates; i.e. registered designs relate to form, whilst patents relate to function.

Plant Breeder’s Rights
Plant breeder’s rights provide exclusive commercial rights to market a new plant variety or its reproductive material. To become eligible for protection, it must be demonstrated by the use of a comparative trial that the variety is clearly distinguishable from any other variety.

Unregisterable Intellectual Property - for which there are automatic rights

Copyright
Copyright rewards creative endeavours by providing automatic rights for literary, dramatic, musical and artistic works including plans, advertising layouts, brochures, manuals, working drawings, photographs, paintings, films, broadcasts and computer programmes. It protects the expression or form that ideas take, not the ideas themselves.

Circuit Layout Rights
These provide automatic protection of original layout designs for integrated circuits, computer chips etc. The owner of the original circuit layout has the exclusive right to copy the layout in a material form, to make integrated circuits from the layout, and to exploit it commercially by way of importation, sale, hire, license or distribution of a layout or integrated circuit made according to the layout.

Trade Secrets
Any formula, recipe, pattern, plan, device, unregistrable idea or any information used in conducting business that provides a competitive advantage over those who do not know it. Trade secrets should be backed with signed confidentiality agreements obtained from every person who has knowledge of the secret to provide further protection through the law. A confidentiality agreement is a formal document created to legally stop people from revealing secrets or proprietary knowledge during or after their employment with a business or association with trade secrets.

How can Intellectual Property be Protected?
IP Australia administers patents, trade marks, and design rights whilst Plant Breeders Rights Australia, Department of Primary Industries and Energy (DPIE) administers plant breeder’s rights.
The Attorney General’s Department administers the legislation for automatic rights to copyright and circuit layouts. Other legislation affecting IP includes the Trade Practices Act, administered by the Australian Competition and Consumer Commission (ACCC). Legal action can be taken under common law for infringement of trade secrets or for passing off trademarks and confidentiality agreements.

Why is it important to protect Intellectual Property?
Intellectual Property can be bought, owned, sold, licensed out or bequeathed in much the same way as a building or a block of land. IP can be so valuable that many businesses list it among their assets in the balance sheet. It is, therefore, important to develop an effective strategy for the protection of IP within a business, not only to protect valuable assets but to safeguard the products, processes and creative inputs from which the profits of the business emanate.

For Further Assistance Contact
IP Australia
2nd Floor, Eastpoint Plaza
233 Adelaide Terrace
PERTH WA 6000
Phone: (08) 9325 2575

OR

A Patent Attorney

Refer to the Perth Yellow Pages for further details.