Intellectual Property Summary
This briefing provides an overarching summary of the key types of intellectual property (IP) being:
- Confidential Information
- Patents
- Copyright
- Trade marks - unregistered and registered
- Registered designs
- Eligible circuit layout rights
- Plant Variety Rights
Confidential Information
Example - Secret information about well a mouse trap works.
Protection / Duration
- Requires strict secrecy.
- Protected until publicly disclosed, including if independently developed and disclosed.
Australian Legislation / International Treaties
- None.
- Common law - breach of confidentiality.
Patents
Example - Invention of a new mouse trap.
Protection / Duration
- Requires registration.
- Invention must be kept strictly confidential untilpatent is filed.
- Patent must begranted in every country in which you want protection.
- Standard patent up to 20 years (renewal fees).
- Australian innovation patent is a relativelyfast, inexpensive protection option, lasting a maximum of 8 years.
Australian Legislation / International Treaties
- Patents Act 1990 (Cth)
- Strasbourg Agreement
- Patent Cooperation Treaty (PCT)
- Budapest Treaty
- Paris Convetion
Copyright
Example - A drawing or written description of a new mouse trap.
Protection / Duration
- Automatic protection on original creation (not copied).
- Literary, dramatic, musical and artistic works generally 70 years from the year of the author's death.
- Films and sound recordings last 70 years from their publication and for broadcasts, 70 years from the year in which they were made.
Australian Legislation / International Treaties
- Copyright Act 1968 (Cth)
- Berne, Brussels, Geneva and Rome Conventions.
- WIPO Copyright Treaty.
Trade Marks - unregistered and registered
Example - A Mouse trapTM ®logo.
Protection / Duration
- Unregistered trade mark rights through trade use, for period of use.
- Better protection through registration.
- Initial registration 10 years and unlimited 10 year renewals for a fee.
Australian Legislation / International Treaties
- Trade Marks Act 1995 (Cth)
- Madrid System
- Trademark Law Treaty
- Nice Agreement
- Paris Convention
Registered designs
Example - A stylish mouse trap involving design
Protection / Duration
- Requires registration.
- 5 years initial protection, one 5 year renewal.
Australian Legislation / International Treaties
- Designs Act 2003 (Cth)
- Paris Convention
Eligible circuit layout rights
Example - An integrated circuit designed to control a mouse trap
Protection / Duration
- Automatic protection for maximum 20 years but protection only 10 years from first commercial exploitation, provided this occurs within 10 years from creation.
Australian Legislation / International Treaties
- Circuit Layouts Act 1989 (Cth)
- IPIC Treaty and TRIPS Agreement
Plant Variety Rights
Example - A hybrid Venus flytrapwhich eats mice
Protection / Duration
- Requires registration.
- Lasts for up to 25 years for trees or vines and 20 years for other species.
Australian Legislation / International Treaties
- Plant Breeder's Rights 1994 (Cth)
- International Union for the Protection of New Varieties of Plants (UPOV)
