Intellectual Property Overview

The original expression of an idea in a tangible form, such as a written work, song, or artwork. The author must be the originator of the expression.

Copyright protection is automatic once a work is fixed in a tangible form. It doesn't require registration with any authority.

Copyright protection generally lasts for 70 years after the author's death. This period can vary slightly depending on the type of work.

Exclusive rights granted to an inventor for a novel, non-obvious invention. These rights allow the inventor to prevent others from making, using, or selling their invention.

To qualify for a patent, an invention must be new and non-obvious. It cannot already exist, and it must not be something that could be easily invented by someone skilled in the field.

The right granted to a patent owner to exclude others from making, using, or selling their invention for a duration of 20 years from the filing date of the patent application.

Patents are governed by the Patents Act 1990 (Cth) and require registration.

A distinctive mark, word, or symbol used by a business to identify its products or services. Trademarks require registration with the relevant authority.

A legal term that protects symbols, sounds, colors and other signs used by a particular trader to identify their goods/services and differentiate them from competitors.

A legal right that protects the expression of an idea in a tangible form, such as a written work, song, or film.

A legal right granted to an inventor for a new invention, giving them the exclusive right to make, use, and sell their invention for a specific period of time.

A legal right protecting the overall appearance of a product, encompassing its visual features like shape, configuration, pattern, and ornamentation.

The distinctive features of a trademark that allow it to be easily recognized and associated with a specific trader.

The principle of balancing the rights of creators to protect their work with the public's access and use of that work. It aims to foster innovation while promoting the dissemination and use of knowledge.

The recognition that Intellectual Property rights are not limited to a single type and can co-exist to protect different aspects of the same product, offering layered protection.

The concept that IP rights, such as copyright, trademarks, patents, and designs, apply at different stages of a product's life cycle, from its inception as an idea to its commercialization and use.

This theory emphasizes the importance of protecting intellectual property rights(IP) to safeguard creators' reputations and the integrity of their work. It views intellectual creations as extensions of the creator's personality, deserving legal protection. This theory is exemplified by moral rights in copyright law, which recognize a creator's right to attribution and protection from derogatory use of their work, regardless of economic gain.

This theory justifies IP rights as a tool to encourage cultural development and enrich society. It argues that promoting creativity and innovation through IP protection contributes to a vibrant cultural environment, fostering a democratic society.

This theory posits that IP rights are necessary to compensate creators for their labor and effort invested in creating intellectual property. By granting exclusive rights to creators, they are rewarded for their work, motivating them to continue innovating and producing valuable works.

This theory argues that the primary function of IP laws is to incentivize economic growth and development. By protecting creators' rights, IP laws promote innovation, entrepreneurship, and investment, ultimately driving economic prosperity.

Moral rights are specific rights granted to creators of intellectual property, ensuring that their work is attributed properly and not misused. These rights are distinct from economic rights, which focus on financial benefits.

Parody and satire are forms of artistic expression that often involve using or referencing existing copyrighted works. These practices can raise legal questions concerning copyright, but they are generally permitted when used in a transformative way, commenting on or criticizing the original work.

This theory critiques traditional justifications for IP rights, arguing that they are insufficient and overlook the broader societal implications. It emphasizes the need to go beyond purely economic or individual-centric perspectives, considering the role of IP in fostering a dynamic and diverse cultural landscape.

This theory argues that IP rights should ensure that creators are recognized for their work and that their creations are used ethically. It seeks to protect the creator's identity and the integrity of their work, promoting fairness and accountability in the use of intellectual property.

A legal framework that grants exclusive rights to the creators of designs for industrial products, enabling them to prevent others from using their design.

The Australian government agency responsible for administering intellectual property rights, including trademarks, patents, designs, and plant breeder's rights.

The section of the Australian Constitution that grants the Commonwealth Parliament the power to make laws with respect to intellectual property.

The power of the Commonwealth Parliament to make laws relating to matters that affect Australia's external relations, including international treaties.

The power of the Commonwealth Parliament to make laws related to postal and telecommunications services, which can indirectly impact intellectual property.

A legal action based on fairness and preventing unfair advantage, not relying on a contract, but built on good faith and trust.

The information must not be common knowledge and should be kept secret. For example, trade secrets, customer lists, medical secrets, or government secrets.

The information must have been shared in a way that indicates an obligation of confidentiality. This could be explicit or implied by the nature of the relationship and the purpose of sharing.

The information must have been shared for a specific purpose, and using it beyond that intended purpose violates the obligation of confidence.

The information is considered confidential until it is publicly known or available to the public.

Information shared in confidence can lose its confidentiality if it is made public, losing its protected status.

Any type of information that gives a business a competitive advantage, such as formulas, processes, customer lists, or marketing strategies.

The information must be inaccessible to the general public and not readily available.

A computer program is a compilation of instructions designed to be executed by a computer to achieve a specific outcome. It's defined as a set of statements or instructions directly or indirectly utilized in a computer for a specific purpose.

Copyright does not protect the functionality of a computer program, only its expression. This means that you can't copyright how a program performs its tasks, but you can copyright the specific code used to achieve those tasks.

A computer program must have a purpose or function; gibberish code without any intended outcome doesn't qualify as a protected literary work.

Artistic works are defined as paintings, sculptures, drawings, engravings, photographs, buildings, models of buildings, plans, and diagrams.

The artistic quality of a work is not relevant for copyright protection. A work can be protected even if it lacks artistic merit or skill.

It can be challenging to differentiate between artistic works and functional items. This is particularly relevant to crafts, where a functional object might also possess artistic expression.

When considering whether a functional object exhibits artistic expression for copyright protection, the key question is whether the design choices are primarily driven by aesthetic considerations or functional requirements.

If the design choices are primarily based on functionality, the object might be better protected by patent law. If the design choices are driven by purely artistic expression, then copyright protection may apply.