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Transcript of Intellectual Property
Copyright Examples of IP How to Identify & Protect IP Patents Protect the way things work
Cover products, methods and processes
Exclusive right to exploit invention for term of Patent
inventive (not obvious)
Standard Patent - 20 years - requires 'inventive step'
Innovation Patent - 8 years - requires 'innovative step' Protect a name , logo, aspect of packaging, shape, scent, colour, sound, or any combination of these
Must be distinctive - avoid descriptive words
Registered/Unregistered Trade Marks
Term-indefinite (renewal - 10 year terms)
May represent the greatest asset of a company
- Distinguish from other text
- Identify as an adjective - e.g. Hoover Vacuum Cleaner
- Don't allow to become generic - e.g. escalator, esky
- Indicate status by ® or ™ Trade Marks Registered Designs Protect the appearance of an article, i.e. shape or pattern
Exclusive right to exploit article for term of Design
Term 10 years Copyright Protects original literary, dramatic, musical, artistic works
Includes brochures, instruction manuals, engineering drawings, architects plans, etc.
No registration - automatically exists upon creation
Term - life of author plus 70 years SKOONA MOOVA DRINKS TRAY Existing Existing trays were large - Unlikely to be used Drink Carrier - Patent Protection Australian Patent No 2005289364 A drinks carrier which consists of a flat body section with three or more container apertures adapted to receive drinking cups or glasses and having at least one fold line that enables the carrier to be folded into a smaller shape, the fold lines being arranged between the container apertures. Drinks Carrier - Trade Mark and Designs Trade Marks SKOONA MOOVA
JACK OF ALL TRAYS Registered Designs NONE Australian Innovation - Drink Carrier Domain Names
Common Law Rights
Plant Breeders Rights
Circuit Layout Rights Intellectual Property By:
Jessica Liao IP (Intellectual Property) is a legal concept which refers to creations of the intellect or mind for which exclusive rights are recognised.
Intellectual property law gives the creators or owners of the IP rights the exclusive right to make, sell or otherwise use the IP right in the IP area.
IP distinguishes products/services from competitors
IP prevents others from copying products/services
IP is one of the most important assets of any new/growing business
IP provides an exclusive right to the creator/inventor
IP can be bought, sold and licensed Hybrid Synergy Drive TOYOTA HYBIRD SYSTEM:
TOYOTA HYBRID TECHNOLOGY
http://1.bp.blogspot.com/-SmFnIJT_wwo/TaGYqCAovfI/AAAAAAAAF0o/I4Y3hGQD9YY/s400/Microsoft_Toyota_Hybrid_Electric_Car.jpg Apple Retina Display Retina display
Retina display 2 (calculator)
http://blog.digitalarena.co.nz/wp-content/uploads/2012/11/calc-sidebyside.jpg http://innowrx.com/wp-content/uploads/2012/08/apple-samsung-patent-infringement-lawsuit-list-of-patents-allegations-2012.jpg Packaging & Colour http://behance.vo.llnwd.net/profiles11/1116426/projects/3771310/d390c9575a558f277d6e286ffd46e6cc.jpg Logo http://www.chryslerbrandprotection.com/images/Trademarks.jpg Rabit chairs by SANNA http://www.designboom.com/weblog/images/images_2/andrea/miscellaneous/sanaa_nextmaruni/sanaa03.jpg Scent http://www.independent.co.uk/incoming/article8420445.ece/ALTERNATES/w460/v2scent-gt.jpg Apple Smart Cover http://www.maccentre.com.au/store/media/catalog/product/cache/1/image/
800x800/9df78eab33525d08d6e5fb8d27136e95/g/r/green1.jpg Speedo Swimsuit http://www.rebelsport.com.au/_static/webupload/731/1_0234005850278_526_6.jpg COX ARCHITECTS FIRE RESISTANT BUILDING FIRE RESISTANT BUILDING - INNOVATION PATENT A fire resistant building comprises a wall structure formed of fire resistant material(s), and a roof structure comprising a plurality of panels of fire resistant material(s) other than aerated concrete arranged to form a fire resistant layer. The panels may be made of magnesium oxide board or fibre cement board. The fire resistant layer of roof panels extends to the top of the wall structure and forms a substantially closed join with the wall structure, such that wall structure and layer of panels form a continuous fire barrier. The building is particularly suitable for use in areas vulnerable to bushfires. Australian Patent No. 2013100047 Obtaining Patent Protection See a Patent Attorney before disclosing to others to identify patentable inventions
File a provisional applications (provides 12 months international protection)
Start commercialising invention
Determine countries in which to protect invention, e.g. major markets Overseas IP Protection Australia party to 'Paris' Convention
file overseas Patent application or International PCT application - within 12 months
file overseas Designs applications / Trade Mark applications - within 6 months IP Protection Procedues http://www.davies.com.au/content/24/patents/patenting-process Patenting Process Trade Mark Registration Process http://www.davies.com.au/content/31/trademarks/trade-mark-registration SAMSUNG APPLE LAWSUIT