intellectual properties

Question 1

define intellectual property

Answer 1

using cognition to develop something new or original such as a new invention, brand design or imaginative creation

Question 2

example of intellectual property - ADD IN DEFINITION

Answer 2

the technology behind a logo of a fast food chain or personal music devices and phones

Question 3

intellectual property AUS

Answer 3

IP Australia is a government agency that has a role of administering IP rights and legislations relating to patents, designs, trademarks and copyright. IP laws offer legal rights to the creator to have exclusive ownership of their work overtime.

Question 4

purpose of IP laws

Answer 4

encourage innovation and protect businesses that develop original IP to gain a competitive advantage

reward innovators for effort and skill

businesses who have successfully registered an IP are protected from others stealing using or profiting from their idea

helps an innovative business secure a competitive advantage, building its reputation and brand

Question 5

patent

Answer 5

legally enforceable ownership right granted for a device, substance, method, process or a combination of these. for the application to be successful, the invention must be new, inventive, innovative and secret

a standard patent lasts 20 years for protection

pharmarcutial patent protects the business for 25 years

Question 6

examples

Answer 6

device: steam control closure in pressure cookers

substances: liquid paper, edible glue

method or process: dry cleaning

Question 7

trademarks

Answer 7

helps customers distinguish manufacturers or sellers products from competitors and prove authenticity. its a legal right given to the owner that stops others from identifying their product the same way and causes confusion.

helps protect a companys brand and identity while helping it be recognised globally and attract customers

Question 8

example of trademark

Answer 8

frankgreen logo
mcdonalds golden arches on red background
cadburys purple colour

Question 9

designs

Answer 9

products unique and distinctive appearance and includes things such as the features of shapes, configuration, pattern and ornamentation.

to register a design it must be distinctive, new and secret. some designs cant be registered such as metal designs, AUD currency designs, scandalous designs

Question 10

what does trademark protect?

Answer 10

can be a letter, number, word, phrase, sound, smell, shape, logo, picture or any combination of these. typically found in packages, labels, websites, machines or the product itself.

Question 11

How long can a design be registered for

Answer 11

10 years - initially lasts for 5 years from the date of application

Question 12

copyright

Answer 12

type of IP that gives owner exclusive right to copy, distribute, adapt, display and preform creative work, usually for a period of time

Question 13

what does copyright protect?

Answer 13

art, podcasts, music, films, writing, computer programs. doesnt protect idea but the way its presented

Question 14

example of copyright

Answer 14

2 people from with the exact same cake receipe but copyright would be given to the first person to write it down. its automatic and not registered but lasts for 70 years in AUS even after the owners death

Question 15

what does trademark mean

Answer 15

identifying the good or service of a trader as distinct from other traders. the owner has the right to sell, use or license the trademark

Question 16

how do you get the trademark IP right?

Answer 16

must be distinctive and different to other marks or similar products

Question 17

what is a design?

Answer 17

the visual appearance of a product but not the way it works. the owner has the right to sell, use or license the registered design in AUS

Question 18

what does a design protect

Answer 18

the way the product looks or as a design on a manufactured product.

Question 19

how do i get a design IP right

Answer 19

must be a new design and different to other resigns registered in the marketplace

Question 20

what does a patent mean

Answer 20

protects how the invention works or functions. owner has the right to use sell or license the invention

Question 21

what does a patent protect

Answer 21

invention or new processes

Question 22

how do i get the patent IP right

Answer 22

invention cant be disclosed to the market. must be new, innovative and useful

Question 23

what does copyright protect

Answer 23

art, literature, music, writing, films, broadcasts, computer programs

Question 24

what does copyright mean

Answer 24

protects owners expression of original ideas but not the ideas themselves. the owner has the right to sell, use or license the copyrighted work

Question 25

how do i get the copyright IP right

Answer 25

gotten automatically once work has been drawn recorded or written

Question 26

first step of IP registration process, name and explain

Answer 26

research: businesses should aim to ensure no other IP from other businesses have their idea

Question 27

second step of IP registeration, name and explain

Answer 27

online application and fees: business completes online form for the other relevant types of IP protection through IP aus website

Question 28

third step of IP registeration: name and explain

Answer 28

examination: IP Aus provides business with examination report of application success. if issues occur, they can be resolved

Question 29

fourth step of IP registeration: name and explain

Answer 29

certification and publication: IP aus will certify and publish business application

Question 30

fifth step of IP registeration: name and explain

Answer 30

third party opposition: third parties can review and oppose it. if an opposition is recieved, IP may take time to be resolved

Question 31

sixth step of IP registeration: name and explain

Answer 31

registeration: if no oppositions have been filed and businesses has paid the fees, IP can be registered - note that copyright is automatic.