Protecting Intellectual Property (Chapter 12) Flashcards
What is the definition of Intellectual Property?
Intellectual property describes what comes from ideas, innovation and creativity.
What is the definition of Competitive Advantage?
Intellectual property that has been uniquely developed and owned by a business that separates it from other businesses such as a manufacturing process, image, knowledge, research, a logo/slogan, etc.
Who is responsible for the registration of IP and hearings about related disputes?
IP Australia
In Australia, what are the 5 ways businesses can protect their IP?
- Design
- Copyright
- Patents
- Trademarks
- Domain Name
What is the definition of Design?
A design is what gives a product a unique visual appearance; its shape, pattern or configuration. If a design is registered by a business, they have a legal basis to try and stop other people from copying it whilst also having an exclusive right to use it formalised.
What 2 conditions must be followed when registering a new Design?
- It must be new and not previously published/publicly used
- It must be distinctive and not similar to any existing designs
How long is a Design Registration valid for?
5 years, and it can only be renewed once.
What is the definition of Copyright?
Copyright is what is applied once someone creates an original work regardless of whether they registered it or not. With proof of date, copyright gives the owner the exclusive right to copy, perform, broadcast and publish the work.
How long does Copyright last for?
70 Years
What is a Copyright Notice?
Usually found on copyrighted websites, publications and products, a copyright notice reminds people that the work is protected and provides details of the permissions surroundings how to use it.
What is the definition of a Patent?
A patent is an exclusive right to newly invented devices, substances, methods or processes. A patent gives the owner the legal right to stop other people from making their own version without permission. Patents are also public records, allowing competitors to see how the device or process works.
How long is a Patent valid for?
20 Years in Australia, for international IP protection patents must be obtained from individual countries.
What is the definition of a Trademark?
A trademark can be; a letter, number, word phrase, sound, smell, shape, logo, picture or any combination used originally by a business.
What is the difference between an Unregistered and a Registered Trademark?
When a business uses an original trademark for the first time, it becomes an unregistered trademark. Registration gives the owner legal rights and recognises it as valuable to the business. An unregistered trademark has a “TM” next to it whilst a registered one has a “R”.
How long do Registered Trademarks last?
3 Years, then it becomes unregistered.
