Intellectual Property (IP) represents the intangible assets of your mind or intellect
and can take many forms such as an invention, trade mark, original design or the
practical application of a good idea.
Intellectual Property Rights (IPR) take intangible assets - and using a legal framework
- turn the intangible IP assets into tradable rights.
An overview of IP frameworks in relation to Australia, what is protected, how the
rights come into existance, how long they can last and the requirements are summarised
generally below .
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Framework
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What is protected?
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What are the basic requirements?
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When do enforcible rights come into existance?
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How long can rights last?
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Who is the Registration Authority?
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Standard Patent
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device, substance, method or process
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useful, novel and inventive
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Grant
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20 years
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Patent Office
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Innovation Patent
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useful, novel and innovative
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Certification
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8 years
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Industrial Design
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visual features of shape, configuration, pattern and ornamentation
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new and distinctive
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Registration
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10 years
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Registrar of Designs
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Trademark
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word, phrase, letter, number, sound, smell, shape, logo, picture, aspect of packaging
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distinctive and not descriptive
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Registration
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Indefinitely if maintained and in use
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Trade Marks Office
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Domain Names
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characters used to navigate to web sites and send emails
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unique and eligible
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Registration
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Indefinitely if maintained
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Australian Domain Name Administrator
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Copyright
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works of art and literature, music, films, sound recording, broadcasts and computer
programs
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must be original
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Automatically when works created or recorded
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70 years
|
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Trade Secrets
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unauthorised use or disclosure of proprietary knowledge (know-how), confidential
information
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not in public domain
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As soon as they are created
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Indefinitely while not in public domain
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