Intellectual Property Law & Lawyers

Intellectual Property Law & Lawyers News

News, updates and further information - Intellectual Property Law & Lawyers

Every business has a trading name (a trade mark) and often a product (sometimes a patentable process or invention) that may have a unique look (registered design) or is capable of copyright protection. These are all ‘Intellectual Property’ or ‘IP’. They are the identifiable non-monetary assets that result from original creative thought.

If you need legal help regarding trademarks, patents or any other matter regarding intellectual property law, then please complete your free legal enquiry form on the right, or click here.

Intellectual Property plays an integral part in creating the value attributed to most businesses and yet many businesses are totally unaware of just how important their Intellectual Property rights can be. Successful product creation and distribution are fundamental to any business strategy and neither process is possible without intellectual property rights. The ability to generate and safeguard intellectual property value is crucial for organisations worldwide.

If you need legal help regarding trademarks, patents or any other matter regarding intellectual property law, then please complete your free legal enquiry form on the right, or click here.

Whatever your business, be it something creative like design, photography or writing, or more technology based such as software development, web hosting or e-commerce we can help you identify and value your Intellectual Property so that you reap the rewards of the investment you have made in it.

The new Designs Act 2003 came into force on 17 June 2004.

This legislation provides the legislative basis for the patent, trade mark, plant breeder's rights and design systems of Australia. It includes provisions for:

• administering the Patent, Trade Marks, Plant Breeder's Rights and Designs Offices, including the powers and functions of the Commissioner of Patents and Registrars of Trade Marks, Plant Breeder's Rights and Designs;
• establishing and maintaining the patents, trade marks, plant varieties and designs registers
  making and processing applications for granting standard or innovation patents, granting plant breeder's rights and registering trade marks and designs;
• charging fees;
• publishing the Official Journals of Patents, of Trade Marks and of Designs and the Plant Varieties Journal;
• prescribing the means to take infringement proceedings to protect and enforce rights in patents, registered trade marks, registered plant varieties and registered designs;
• registering patent and trade marks attorneys and prescribing their rights of practice;
• accrediting approved persons to supervise and verify plant breeder’s rights applications;
• prescribing the right of review of decisions of the Commissioner and Registrars by the Administrative Appeals Tribunal; and
• prescribing the jurisdiction of courts in appeals against decisions of the Commissioner and the Registrars.

Some simple rules to remember:

Rule 1
Treat your IP as a business asset with a real financial value.

Rule 2
Protect your IP as you would any of your other assets.

Rule 3
Keep a look out for infringers of your IP – they can profit from your hard work and reduce your return from it. Be prepared, as a last resort, to enforce your rights by taking legal action if you cannot sort out a dispute informally.

Rule 4
Be careful to avoid infringing the intellectual property rights of others.

Rule 5
Understand the different types of IP and research which ones apply to you and make full use of the IP system.

Rule 6
Get specialist independent, legal, financial and business IP advice when necessary. Don’t leave it too late.

Rule 7
Communicate to get the best from your product or service. Be an information gatherer! But remember to keep your ideas confidential until they are fully protected.

Rule 8
Be prepared to make your IP work for you. Remember that you could profit by selling or licensing your IP as well as producing a product or providing a service yourself.

If you need legal help regarding trademarks, patents or any other matter regarding intellectual property law, then please complete your free legal enquiry form on the right, or click here.

Summary of Australian legislation relating to intellectual property law:

Advance Australia Logo Protection Act 1984 (Cth)
An Act to make provision for the protection of the Advance Australia logo, and for related purposes

Designs Act 2003
An Act relating to designs, and for related purposes

Designs Regulations 2004
This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003

Gene Technology Act 2000 (CTH)
An Act to regulate activities involving gene technology.

Intellectual Property Laws Amendment Act 2003
An Act to amend legislation relating to intellectual property, and for related purposes

Prohibition of Human Cloning Act 2002 (CTH)
An Act to prohibit human cloning and other unacceptable practices associated with reproductive technology.

Research Involving Human Embryos Act 2002 (CTH)
An Act to regulate certain activities involving the use of human embryos.

Commonwealth
Broadcasting Services Act 1992 (Cth)
An Act relating to broadcasting services, datacasting services and online services, and for related purposes

Circuit Layouts Act 1989 (Cth)
An Act to provide for the protection of certain layouts for integrated circuits, and for related purposes

Circuit Layouts Regulations 1990
Regulations under the Circuit Layouts Act 1989

Copyright (International Protection) Regulations 1969
Regulations concerning performances and broadcasting at an international level.

Copyright Act 1968 (Cth)
An Act relating to copyright and the protection of certain performances, and for other purposes

Copyright Regulations 1969
Regulations under the Copyright Act 1968.

Olympic Insignia Protection Act 1987 (CTH)
An Act to make provision for the protection of the olympic insignia, for the regulation of the commercial use of certain olympic expressions, and for related purposes.

Olympic Insignia Protection Regulations 1993
Regulations for the protection of the olympic insignia, for the regulation of the commercial use of certain olympic expressions, and for related purposes.

Patents Act 1990
An Act relating to patents of inventions.

Patents Regulations 1991
Regulations relating to patents of inventions.

Plant Breeder's Rights Act 1994
An Act to provide for the granting of proprietary rights to breeders of certain new varieties of plants and fungi, to repeal the Plant Variety Rights Act 1987, and for related purposes.

Plant Breeder's Rights Regulations 1994
Regulations to provide for the granting of proprietary rights to breeders of certain new varieties of plants and fungi, to repeal the Plant Variety Rights Act 1987, and for related purposes.

Public Lending Right Act 1985
An Act to provide for payments in respect of Australian books held in Australian libraries.

Trade Marks Act 1995
This Act provides for the registration of trade marks, collective trade marks, certification trade marks and defensive trade marks and sets out and protects the rights deriving from registration.

Trade Marks Regulations 1995
Regulations for the registration of trade marks, collective trade marks, certification trade marks and defensive trade marks.

Trade Practices Act 1974 (CTH)
An Act relating to certain Trade Practices which deals with the promotion of competition and fair trading and provision for consumer protection.

International
CLEA
A comprehensive collection of relevant legislation and regulations which are browsable by jurisdiction, or easily searchable through the advanced search option.

Courts & tribunals and their decisions
Australia
Australian Designs Office Decisions
This database contains selected decisions of the Australian Designs Office from 1983.

Australian Patent Office Decisions
This database contains selected decisions of the Australian Patent Office from 1981.

Australian Trade Marks Office Decisions
This database contains selected decisions of the Australian Trade Marks Office from 1991

Copyright Tribunal Decisions
This database contains selected decisions of the Copyright Tribunal from 1997.

Federal Court of Australia
Federal Court of Australia hears matters concerning federal media and telecommunications laws

Federal Court of Australia Cases
This database contains the full text decisions of the Federal Court of Australia from 1977 as selected by the Court.

The Copyright Tribunal
Overview of the Copyright Tribunal, it's functions, administration and powers.

Commonwealth
High Court of Australia Cases
This database contains the full text of all reported and some unreported decisions of the High Court since its beginning in 1903. Judgments are generally available within 24 hours of being handed down.

High Court of Australia home page
Includes information about the Court, judges' speeches on various issues of concern to the Court, case summaries and links to full text court decisions and transcripts

If you need legal advice regarding Intellectual Property Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Intellectual Property Law lawyer nearest you, who can help you with Intellectual Property Law.

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