INTELLECTUAL PROPERTY

Intellectual property is the intangible property which is the result of creativity. As the property is not physical, it can be hard to protect the work created however, copyrights and patents can protect the work from being infringed by another party.

TRADEMARKS:

Trademarks protect the origins of goods and services, they are usually brand names, logos and brand images that include words, letters, numbers, logos, symbols, shapes, colours and even sounds. The trademarks are essentially the marks that distinguish one business from another.

The trademarks protect through application and registration in the relevant class and territory. Registered trade marks must be capable of graphical representation, capable of distinguising goods/services, distinctive not merely descriptive and not contrary to public policy and morality.

Trademarks last for 10 years and are renewable indefinitely. Infringement of the trademark is:

1.Identical mark/identical goods or services; OR

2.Likelihood of confusion; OR

3.Trade marks with a reputation - unfair advantage or detriment.

PASSING OFF:

1.Reputation; AND

2.Misrepresentation; AND  

3.Damage.

PATENTS:

patents are a type of protection for inventions that are new and inventive. They must be new and not anticipated by prior art anywhere. For products to be patented they must involve an inventive step and be capable of industrial application. Patents are national rights and must be carried out in each individual country and usually last 20 years.

The patent usually includes description which include drawings and describe the inventions variations and a claim which clearly states what the invention is.

Copyright:

Copyright protects the expression of artistic creative works. Your work once created is automatically protected with no need to register if your work is literary, dramatic, musical, artistic, recorded sound or film. There is no need for artistic merit.
The economic rights surrounding copyrighted material is the right to make commercial gain from from the said work, this prevents others from using it without permission as that is infringement.
Once the work is copyrighted there can be issues with:

1.Copying the work

2.Issuing copies to the public

3.Renting/ lending the work

4.Performing, showing, playing the work

5.Communicating the work

6.Adapting the work

7.Secondary dealing selling, distribution, importing   (knowledge required)

DESIGN RIGHTS:

The design rights protect the appearance (or parts of the appearance) of a new products - this includes the lines, contours, colours, shapes, texture and materials. The designs must have new and individual character which differs from any existing designs.  The designs can be both registered and unregistered. 

MORAL RIGHTS:

 Moral rights hav copyright protection. As the creator you have the right to be acknowledged as the creator and therefore need to formally assert your rights, this objects from derogatory treatment and false attribution. These rights can be waived but not assigned. The longevity of moral rights is the creators lifetime plus 70 years.