Final Exam - Intellectual Property Flashcards
3 types of classification of property:
- Real Property
- Personal Property
- Intellectual Property
Intellectual Property: creative products of the human mind
- 5 Types:
o Copyright o Trade marks o Designs o Patents o Confidential information
Does a registered business name give an IP right?
- A registered business name is NOT an IP right
o Does not prevent others from using the same or similar name to market their goods (nor does a domain name)
How often should a registered business name be renewed?
Every 1-3 years
4 examples/elements of intellectual property:
- Copyright for literary, musical, dramatic or artistic works
- Trade mark for logos, brand names - any distinctive sign used to distinguish goods or services
- Designs for visual features of shape, configuration, pattern or ornamentation used in relation to a product
- Patents for a device, substance, method or process that is new, useful, and has commercial potential
What act protects Copyright?
Copyright Act 1968
3 moral rights of intellectual property?
Right of attribution
Right against false attribution
Right of integrity
What Act covers trade marks?
Trade Marks Act 1995
5 step registration process for trade marks:
- Do you have a trade mark?
- What class of goods or services will it be used on?
- Search for similar existing trade marks
- Apply at IP Australia
- Application is examined and outcome notified
A trade mark can be removed from register if unused for ___ years.
3 years
6 stage process to create a design:
- File a design
- Formalities check
- Design registered
- Request examination
- Examination
- If found new and distinctive – certified
What act protects designs?
Designs Act 2003
Define Patents:
- Inventions: a device, substance, method or process
What act covers patents?
Patents Act 1990
_____________ includes commercial information such as data, plans, customer lists, the idea for a TV or and importantly in the employer/employee context, “trade secret” – information relating to the business which ought not to be disclosed
Confidential information
What would be the defences of leaked information? (2)
- Public knowledge
- Public interest
What would be the remedies of leaked information? (3)
- An injunction to restrain disclosure or use of the information;
- An account of profits for improper use of the confidential information
- An order for delivery up or destruction
