LAW REPORT
Intellectual property : rights and responsibilities
Ingrid Pagura | BA , LLB
Intellectual property ( IP ) is a collective term that includes anything that is the property of your mind . Generally , the term refers to trade marks , patents , trade secrets , confidential information and copyright . These areas all cover valuable business assets that are essential to your business , such as your logo , an invention , or text that you may have written .
Let ’ s have a look at each of these areas and the basics for protecting your rights .
Trade Marks
These can be a letter , word , logo , shape , picture or a combination of any that distinguishes your goods and services from other businesses . It uniquely identifies you . It is your branding . It can help you build your business and market position , and stop others from imitating your brand . It can be for a business name , such as ‘ Apple ’, a product , such as ‘ Big Mac ’ or even a colour , such as the purple of Cadbury ’ s milk chocolate . Slogans can also be trademarked , such as Nike ’ s ‘ Just do it ’.
There is no legal requirement to register a trade mark , although registration establishes your legal rights to use , sell or license the trade mark , or to take action against another party and prevent them from using your trade mark without permission . Registration protects these branding elements of your business .
Registration of a trade mark is valid for 10 years and can be renewed for another 10 years . It is valid across Australia . Trade marks are registered in specific classes relevant to the description of the goods or services which will be protected . There are 45 in all . Please follow this link to IP Australia for more information on the different classes of trade marks and how to choose one . There you will find the ‘ Choose Wise ’ video series to help you select the right one for your business .
Once you are happy with your trade mark , you can apply to register it through the IP Australia website . Once accepted , it is advertised in the Official Journal of Trade Marks and the application stays open for objection for 3 months .
Patents
A patent is a legally enforceable right for a device , substance , method or process , according to IP Australia . Any invention that is new , inventive and useful can be protected by registering a patent . A patent owner has the exclusive right to use , sell or license the invention . Patents also allow the owner to stop others from manufacturing , using , copying and / or selling the device or process .
There are two types of patent registration available in Australia : innovation patent and standard patent . The process for registering a patent can often be long and complicated and it is a good idea to seek professional help . See further information on IP Australia ’ s website .
Trade secrets and confidential information
Any information that is not known publicly is confidential information . For a business , this can include customer / client lists , business and marketing plans , and formulas for products , recipes and ingredients . Two of the most famous trade secrets are the ingredients of Coca Cola and the identity of the 11 herbs and spices in KFC . Confidential information would include , for example , customer lists and financial information .
36 | vol27 | no1 | JATMS