How Can I Protect my Intellectual Property?
What is Intellectual Property?
Intellectual property (IP) is the unique, intangible ideas you produce, whether artistic, scientific, or other intellectual works. The intellectual property laws in Australia protect the creators of these works, so nobody else may use it without your consent.
The main areas of Intellectual Property protection are covered by the laws that deal with Copyright, Trade Marks, Patents, Registered Designs, Plant Breeder’s rights and Circuit layouts. Unless your intellectual property comes within one of these legal categories it is unlikely that you will be protected.
Is it necessary to protect my intellectual property?
For many businesses, intellectual property is integral to ensuring the uniqueness of their brand. From logos to goods and services, intellectual property is often the centrepiece of establishing brand identity and ensuring potential customers can identify your brand in the relevant market.
You need to protect your intellectual property to ensure competitors are not able to recreate or copy your ideas and profit from them.
A common misconception is that registering a business name with the Australian Securities and Investments Commission (ASIC) provides you with exclusive ownership of the name. That is not the case. In order to obtain ownership of a business name, logo or slogan a trademark must be registered.
What are the different types of intellectual property?
Patents – provides legal protection for a device, substance, method or process;
Trade marks – are the protection of the physical characteristics and indicators of your business;
Copyright – protects creativity such as art, writing, music, film, and computer programs;
Registered designs – covers the visual appearance of a product;
Circuit layout rights – protect layout designs or plans of integrated circuits;
Plant breeder’s rights – protect the commercial rights of new plant varieties.
Although this does not of itself provide protection it is always a good idea to place identify your intellectual property by the use of symbol such as ©, ™, and ®. These symbols communicate to other brands and the public that your work is protected. Whether you can use one of these symbols may depend on the intellectual property being protected.
How can I register my intellectual property?
It is essential that before registering your intellectual property, you conduct a comprehensive search to ensure that your ideas have not already been registered.
Copyright does not require registration in Australia, and comes into existence automatically once material such as art, writing, music, film, or computer software is created..
Are there different laws internationally?
Intellectual property laws differ from country to country. So, if you want your Intellectual Property to be protected internationally, you should apply separately in each country where you want protection to apply.
Do I need to maintain my protection?
Even though you may have registered your Intellectual Property rights, it is also essential to regularly conduct research to ensure that no other party infringes on these rights and possibly take legal action if necessary to protect them. Some protection can lapse if you do not use it. For example if a registered trade mark is not being used a third party can apply to have the registration removed.
How long does intellectual property last?
The duration of Intellectual Property rights in Australia depends on the type of Intellectual Property.
Trade Marks – 10 years (renewable)
Patents – 20 years
Copyright – Generally 70 years after the death of the author.
Designs – Up to 10 years.
How important is confidentiality?
Whilst your intellectual property is unregistered, it is imperative that you maintain confidentiality until the process of protecting your intellectual property rights is completed. If you must share information about your idea, then you must ensure that the person you are disclosing your intellectual property to, signs a non-disclosure agreement (NDA). This will prevent someone from sharing or using your ideas without your consent. This is particularly important when pitching your idea to a company or potential financial backers.
The Masimo v. Apple case involves claims that Apple hired two key Masimo employees to gain access to its trade secrets and patented health-monitoring technology, later used in Apple Watch Series 4 and 5. Masimo sued for $3.1 billion, ownership of certain Apple patents, and claims theft of trade secrets.
Though this case is American, it highlights a universal need: NDAs are crucial for protecting sensitive business information and intellectual property. Without strong confidentiality agreements, companies risk losing control over their competitive edge and valuable assets.
If you are looking to protect your intellectual property, we can help. Lord Commercial Lawyers has the experience to ensure that the process is done correctly and in a manner that will save you and your best interests. Lord Commercial Lawyers have extensive expertise and knowledge in all areas of commercial law, including intellectual property protection. To consult with an intellectual property protection lawyer, contact us today.
