Intellectual Property Basics

Author: Youth 2 Youth.

Intellectual Property is often overlooked as a business necessity. Protection of your valuable ideas is just as important as protection of your hard assets. Even more so, if it is your innovative ideas that are your unique selling point or point of difference.

Why it's important
If you go to all the effort of developing something, imagine how frustrating it would be to have someone steal it, especially if you could not prove it was yours. Luckily, there are ways to protect this from happening to your business through Intellectual Property Law, which encompasses:

• Copyright Act
• Trademarks Act
• Designs Act
• Patents Act

The following information is taken from IP Australia, the body responsible for intellectual property:

Copyright

Copyright stops someone copying the creative work of a person unless they have been given permission to do this. This can be achieved by paying a fee/royalty, and/or acknowledging the creator, and/or that the use is authorized.

To copyright your product, you do not have to take formal steps. It is automatic as soon as the product is created, for example, when you write a letter or make a sketch. But remember copyright does not protect ideas.

Copyright is automatic - you don't need to register it, although there are services where you can do this. The advantage is that you then have formal proof of the creation of the product.

In general copyright protects works such as:

• literary works
• film, music and sound recordings
• broadcasts
• other artistic works etc

Design

A design is that part of a product which distinguishes it from similar products. The design is not the product itself, but more its appearance. For example, the design of a Rolls Royce if different to the design of a Mercedes.

Designs can only be protected if they are registered under the Designs Act. To be registerable, the design must be:

1. new
2. original

Trademark

A trademark protects a name or the identification of a product. It can be important if someone tries to hijack the name - if you have registered the trademark you can take action to stop them.

You don't have to register a trademark. If it has been used for some time it may be recognised by the common law. But in that case you would have to prove the point in court rather than relying on your registered trademark. Not all trademarks can be registered. Under the Trademarks Act, a mark must be either:

• an invented word e.g. "Lawforyou/Law4U"
• a group of words that are innovative
• a distinctive mark or logo
• a signature

Remember, just having a business or company name is different to a trademark. It may be the basis for proving a common law right to a name, but for certainty you should register a name.

How to register a trademark

IP Australia registers trademarks and patents and provides information on the protection of intellectual property. You should:

1. Check the Register of Trademarks and the applications pending to see if there are any similar marks in the same classification of products and services
2. Apply for registration if there is no conflict. If there is a conflict and you want to keep the trademark, get legal advice.

This is the way to protect something you have invented. You can register it with IP Australia. A patent allows the inventor to have the exclusive right to make and sell the invention.

To register a patent, an invention must be:

1. new
2. inventive

For advice and assistance, see a patent attorney.

Youth 2 Youth has an excellent relationship with staff at IP Australia. If you need guidance or have nay questions, please contact us at info@youth2youth.com.au and we can point you in the right direction. We have resources from IP Australia (CDRoms and information) that we can send you.

IP Australia also have an excellent web site at www.ipaustralia.gov.au.

'Copyright 2003 Youth 2 Youth'

Disclaimer: This article is for your information, but it may not apply to or be suitable for your situation, so seek professional advice. Youth 2 Youth cannot be held liable for anything resulting from how you use the information provided in this article.