INTELLECTUAL PROPERTY LAW AUSTRALIA
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Ownership of physical property is immediately obvious however ownership of products of the mind including trademarks, copyright, designs and patents is a little more difficult to pin down. Intellectual property law refers to the rights associated with legal ownership of ideas, information and inventions that individuals have conceived and developed.
Copyright refers to the establishment of rights to a creative individual to ensure that they, and only they, are legally entitled to reproduce or change their works for a specified time period and breach of copyright can give rise to legal action for an injunction or for compensation. Breaches of copyright may take the form of manipulating the substance of creative works so their transmission is not in their original, intended form or it may take the form of unsanctioned reproduction of creative materials for financial gain.
Patent registration involves the protection of an invention: that is, a creative concept or product or machine that undertakes a task. The invention should usually be more than a simple modification of an existing product and stand credibly as a new conceptual or mechanic enterprise. Intellectual property law allows the invention to be patented and gives the creative individual the right to market and profit from selling the invention and protects them from competitors doing the same, for a specified period.
Trademark law refers to legal protection of a business’s name or the names of brands associated with the business. This legal protection using intellectual property law may be important, if customer loyalty towards a business is strongly associated with the specific brand or name involved. Competitors who attempt to market their goods or services using a similar name in an attempt to deceive customers, or who try to register the business or brand name themselves, may thus pose a significant threat to the business’s wellbeing.
Intellectual property law also involves protective mechanisms. Industrial design rights ensure that the design or appearance of a product is protected. Trade secret protection is important in finance and commerce and ensures that sensitive information remains undisclosed, with legal protection against its being revealed.
Intellectual Property Protectionism?
Intellectual property law ensures that the transmission of original ideas and innovations are legally protected, and this may act as an incentive for those who have the capacity to develop commercially viable concepts. The legislation appertaining to this topic has also been criticised as a form of protectionism that enables knowledge to be constrained and inaccessible; yet given the cut and thrust of the demands of a global competitive market, it is difficult to see how its existence as an important legal field might be realistically challenged.
Expert Legal Advice
Our company litigation specialists are located across Australia. They have the experience and resources necessary to help you with litigation efficiently and successfully. Our lawyers can help if you or your business has suffered losses. Our lawyers offer free initial consultations and we will provide you with advice about whether you have a case or not. You will be given clear, unequivocal advice about your chances of success and the anticipated value of your claim. If after talking to us you wish to proceed no further you will be under no obligation and you will not be charged anything for our initial consultation.
LAWYER HELPLINE: ☎ 1800