IP Law Flashcards
What is copyright?
The exclusive right; in the case of a literary, dramatic or musical work, to do all or any of the following acts
i) To reproduce the work in a material form
ii) To publish the works
iii) To perform the works in public
iv) To broadcast the work
v) To cause the work to be transmitted to subscribers to a diffusion service
vi) to make an adaptation of the work
When does a copyright subsist?
In unpublished original works where the author is, at the time of the work is made, is a qualified person. Once published, copyright only subsists if the original was first published in Australia
What are the common elements of a copyright?
Original and either published or not.
How long does copyright last?
70 years from the death of the author.
True or false, Copyright is personal property and can be retained by an estate?
True, under the act a copyright is personal property and can be transferred between entities
Is a license a transfer of ownership of copyright?
No, it is a license to use the works for a fee
What is a patent?
The protection of new inventions through the grant of a patent, giving a temporary monopoly to the inventor
What two pieces of legislation regulate and enforce patents?
The Patent Act 1901 and Intellectual Property Laws Amendment (Raising the Bar) Act 2012
What are the types of patent?
A standard and a innovation patent
What are the four main concepts an invention must meet before being granted a patent?
Novel
Inventive
Useful
and not secretly used before the patent was applied for
What are the four main concepts an invention must meet before being granted a patent?
Novel
Inventive
Useful
and not secretly used before the patent was applied for
Are computer programs patentable?
No, not per se. Actions within the programs are.
