It is quite common for a business to either establish with a view to commercialising an original idea, or the business will develop concepts or processes to streamline the production and delivery aspects of their product or service. This is considered the intellectual property of the business and it’s worth protecting.
Intellectual Property rights provide the owners of the Intellectual Property with the time to commercialise their ideas.
The type of protection required depends on the intellectual property you are trying to protect.
Trade Mark
A trade mark is a way of identifying a unique product or service. A good trade mark distinguishes your business from other traders.
Sometimes referred to as a brand, it can help your customers discern the quality of your product or service over that of your opposition.
A trade mark is not just ‘a logo’.
It can be a letter, number, word, phrase, sound, smell, shape, logo, picture, movement, aspect of packaging, or combination of these.
Patent
A patent is a legally enforceable right for a device, substance, method or process. For your application to be successful, your invention must be new, useful and inventive or innovative.
When granted, a patent will give you exclusive commercial rights to your invention.
The type of patent you hold will determine the duration of your protection.
- A standard patent lasts for up to 20 years.
- An innovation patent only lasts for up to eight years.
- Pharmaceutical patents can last up to 25 years.
Copyright
The moment an idea or creative concept is documented on paper or electronically it is automatically protected by copyright in Australia.
What’s protected is the owners original expression of ideas, but not the ideas themselves.
Registered Designs
Design is what makes a product look the way it does. It includes:
- Shape
- Configuration
- Pattern
- Ornamentation
When applied to a product, it gives it a unique appearance. A design right is a type of intellectual property (IP) to protect designs.
We can help you put the relevant protections in place for all of your intellectual property, and if you believe your intellectual property rights have been infringed we’ll help you understands and pursue your rights.
Get in touch with us today and speak with one of our expert solicitors about your intellectual property needs.
