Interlectural Property

Patents

Registered Designs

Trade Marks

Copyrights

refers to the features of a shape, configuration, pattern or ornament applied to an article by any industrial process

Benefits of registering a design - a right to ownership and the right to prevent others from using the design without your permission

To qualify for registeration, a design must, in general satisfy two key criteria :

  1. The design must be new
  1. The design must be industrially applied onto an article

granted for ideas and inventions (include product , composition, machine, process)

A state granted monopoly - lasts up to 20 years

rewards and encourage research and innovation

Prevents unauthorised exploitation of ideas or inventions

Patents must be

  1. New - no prior public disclosure prior to filing
  1. Have inventive step, not obvious or a simple adaptation or combinationof existing products
  1. Capable of industrial application, the invention must be useful and have some form of practicial application. It should be capable of being made or used in some form of industry

Any sign which capable of distinguishing the goods and services of one trader from those of another

Pantents applications

  1. Specification
  1. Claims

Application stage - sets out scope of protection sought

Granted patent - defines scope of enforceable protection

A trade mark can be

are used to distinguish products and services

  1. Word
  1. Logos
  1. Sound
  1. Smell

Automatically exists in orginal literary works

Serves to establish goodwill and reputationin a product or service

Add value to company, marketing tools so that customers can recognise products/services

A good trade mark will be

  1. Not descriptive of products
  1. Distinctive

A generic term identifiies a product or service, without indicating any particular manufacturer or source

  1. Literacy Works
  1. Musical Notatation
  1. Graphic Works
  1. Sound Recordings
  1. Photographs