26100 Lecture Notes - Lecture 9: Public Knowledge, Ambush Marketing, World Intellectual Property Organization
LECTURE 9: INTELLECTUAL PROPERTY
Intellectual property law = Things created by your mind and intellect
E.g. a thought, an idea, a strategy, trademark, training materials, designs,
research, branding, confidential information
Note: Business names are not intellectual property
You can use people’s intellectual property without notifying them
Research and education purposes
For review and critique of the intellectual property e.g. reviewing a
paper, movie, program
For reporting and news purposes
BUSINESS NAMES
Business name is it’s own separate entity. You have to register it as a business
name so it is registered to an owner and to be protected.
If a person’s name is jack, and they call their business Jack = does not need to
be registered
When you sue a business name, you sue the owner
Types of intellectual property:
1. COPY RIGHT
Copyright is a legal right created by the law of that grants the creator of
original work exclusive rights to its use and distribution.
Protects the expression of the idea
Anything that is written down or recorded can be copy righted (trade market
Act 1995) cannot include thoughts
Literary works
Logos
Slogan
Label
signature
Works
Films
Computer programs
Artworks Shows the symbol: ©
No formal registration required to copyright anything.
Author is the owner of copyright (unless part of employment)
Authorship = the person who creates it e.g. logo maker, advertising company
makes a jingle Ownership = person who owns it e.g. holds the ownership rights
Copyright exists to the life of the owner + 70 years
It can be passed on however expires in 70 years after the original owner dies
If copyright is breaches all money made out of someone else’s idea has to be
paid to the original owner
How does copyright arise?
Through publication or recording in some material form (which includes in
digital format)
Remedies of infringement of copyright (and other breaches of IP rights):
Injunction
Damages
Account of profits
Destruction
2. Trademarks
A trademark, is a recognizable sign, design or expression which identifies
products or services of a particular source from those of others.
Has to be registered = ® TM
Colours
Logos
Any letter
Word
Name
Signature
Packaging
Shape
Font of writing e.g. font of coca cola
You cant trade mark a word or number
Aromas and perfumes
Trade Marks Act 1995(Cth) (initially 10 years or can renew it)
When registering a trademark, a category must be nominated Protecting it =
paying for it, and making sure no one else is using it
Document Summary
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