INTELLECTUAL  PROPERTY © Copyright Complete IP Pty Limited 2011 - 2012
So now that you know how to identify your brands, what type of intellectual    property do you actually have? And what do ...
Intellectual Property is             commonly known as IP.        The main forms of IP are:         CopyrightIP       De...
•What is a copyright?•How do I register a Copyright?•How do I show I have a Copyright?•How long does a Copyright last?    ...
What is a Copyright?A copyright is defined as an originalexpression of ideas. It is not the ideaitself.Copyright protects ...
Some of the things you may claimcopyright to are:• Photos• Manuals                           How To                       ...
How do I register a       Copyright?You do not need to officially register acopyright in Australia, unlike a patent,tradem...
PROOF OF COPYRIGHTTo provide some “proof” to the date ofthe creation, you can:                                            ...
How do I show I have a       Copyright?Placing a copyright notice on any worksof original expression is suggested.These ca...
© Complete IP Pty Ltd 2010This indicates that Complete IP Pty Ltdwas the original creator and that it wascreated in 2010. ...
How long does a Copyright          last?In Australia, the life span of acopyright has been extendedfrom 50 years to 70 yea...
DESIGNS What is a Design? How do I register a Design? How do I show I have a Design  Registration? How long does a Des...
What is a Design? A design is essentially the overall appearance of your product – the shape, configuration, pattern and ...
Dunlop ®  Tyre           © Copyright Complete IP Pty Limited 2011 - 2012
Speedo’s           © Copyright Complete IP Pty Limited 2011 - 2012
A RockingKangaroo        © Copyright Complete IP Pty Limited 2011 - 2012
How do I register a Design? To register a design, it must be and DISTINCT                         A design registration...
 It cannot have been published in any document either inside or outside of Australia X It cannot have appeared publicly ...
Once a design has been marketed  or published, it will not be        considered new      © Copyright Complete IP Pty Limit...
Patents                                WHEW!© Copyright Complete IP Pty Limited 2011 - 2012
Trademarks What is a Trademark? How do I register a Trademark? How do I show I have a Trademark  Registration? How lon...
What is a Trademark?A trademark is the unique identity youapply to goods or use in connectionwith services, in the marketp...
A trademark can be: A brand or product name A slogan or tagline Your business or company name Your logo A colour or s...
How do I register a Trademark?Step 1 Have a search conducted before you apply. Your results will be known in 2-3 days rath...
Step 2 File the application with the government department for them to examine.         © Copyright Complete IP Pty Limite...
Step 3  A notice that the trademark has been accepted will be issued, or an “adverse” report will be issued after governme...
Step 4 Once the application is approved, it will be advertised as such. At this stage, a compulsory 3 month opposition per...
Step 5 Registration! Assuming no opposition is filed against your trademark, it will become registered for an initial peri...
How do I show I have a  Trademark Registration?       TMYou may use thissymbol against any                                ...
How long will my trademark     registration last? Trademarks are initially registered for a period of 10 years and can las...
Trademarks Benefits of trademark registration Can anything be registered? International Trademark registration         ...
BenefitsIf you have spent time and money onadvertising and developing your brand,name or logo, you should protect itwith t...
Control your own nameBy registering a trademark, not only areyou given the right to use the trademark,you also have the ri...
Make more moneyLicensing fees and franchising royaltiesfrom your registered trademarks canearn money well into the future....
Add value to your businessA trademark is a saleable asset, just likereal estate. By registering your name,logo, brands and...
Be professionalMany people recognise the ® symbolthat represents a registered trademark.Using this symbol deters others fr...
Businesses last longerStudies have shown that eachtrademark registration you haveincreases the life of yourbusiness by app...
Avoid action & costs against            you By registering your trademarks, you may then avoid someone else registering yo...
Own your name exclusivelyA business or company name registrationdoes not provide you with exclusivity, itmerely allows you...
Prevent importation of  infringing productsOwning a trademark allows you toapply to customs to keep watch forproducts bein...
Priority overseasWill you trade online or outsideAustralia?You will have a 6 month priority periodfor overseas trademark r...
Can anything be registered? Not all things are legally able to be registered as a trademark, or part of a trademark. For e...
Other difficulties may arise in registering atrademark if your mark is likely to be needed byother traders in the same ind...
An identical or deceptively similar trademarkis already registered for the same or similargoods or services.By having a se...
International registrationAustralia is one of over 80 membercountries of the Madrid Protocol,which essentially allows us t...
 In most countries, you can claim “priority”  based on the date of your Australian  application. To claim this priority, ...
Copyright                        MyTrademark                       New                            Patent                  ...
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Info On Trademarks Patents Copyrights Designs

  1. 1. INTELLECTUAL PROPERTY © Copyright Complete IP Pty Limited 2011 - 2012
  2. 2. So now that you know how to identify your brands, what type of intellectual property do you actually have? And what do you do to protect both your IP and your business? © Copyright Complete IP Pty Limited 2011 - 2012
  3. 3. Intellectual Property is commonly known as IP. The main forms of IP are:  CopyrightIP  Designs  Patents  Trademarks  Trade Secrets/Confidential Info. © Copyright Complete IP Pty Limited 2011 - 2012
  4. 4. •What is a copyright?•How do I register a Copyright?•How do I show I have a Copyright?•How long does a Copyright last? © Copyright Complete IP Pty Limited 2011 - 2012
  5. 5. What is a Copyright?A copyright is defined as an originalexpression of ideas. It is not the ideaitself.Copyright protects original works ofart, music, films, literature, computerand broadcasting programs. © Copyright Complete IP Pty Limited 2011 - 2012
  6. 6. Some of the things you may claimcopyright to are:• Photos• Manuals How To Do It All Yourself• Website pages• Artwork © Copyright Complete IP Pty Limited 2011 - 2012
  7. 7. How do I register a Copyright?You do not need to officially register acopyright in Australia, unlike a patent,trademark or design.Copyright is a free and automaticregistration. © Copyright Complete IP Pty Limited 2011 - 2012
  8. 8. PROOF OF COPYRIGHTTo provide some “proof” to the date ofthe creation, you can: Complete IP Pty Limited PO Box 63 BORONIA VIC 3155Mail yourself a copy of the copyright so that itis date stamped; send a copy by read receiptemail and/or provide a copy to yoursolicitor/advisor . © Copyright Complete IP Pty Limited 2011 - 2012
  9. 9. How do I show I have a Copyright?Placing a copyright notice on any worksof original expression is suggested.These can be shown as per thefollowing example: © Copyright Complete IP Pty Limited 2011 - 2012
  10. 10. © Complete IP Pty Ltd 2010This indicates that Complete IP Pty Ltdwas the original creator and that it wascreated in 2010. © Copyright Complete IP Pty Limited 2011 - 2012
  11. 11. How long does a Copyright last?In Australia, the life span of acopyright has been extendedfrom 50 years to 70 years after 70the death of the creator, or 70years from creation. © Copyright Complete IP Pty Limited 2011 - 2012
  12. 12. DESIGNS What is a Design? How do I register a Design? How do I show I have a Design Registration? How long does a Design Registration last? © Copyright Complete IP Pty Limited 2011 - 2012
  13. 13. What is a Design? A design is essentially the overall appearance of your product – the shape, configuration, pattern and ornamentation of your product that, when applied, gives a unique appearance. Some examples of designs that have been registered in the past are: © Copyright Complete IP Pty Limited 2011 - 2012
  14. 14. Dunlop ® Tyre © Copyright Complete IP Pty Limited 2011 - 2012
  15. 15. Speedo’s © Copyright Complete IP Pty Limited 2011 - 2012
  16. 16. A RockingKangaroo © Copyright Complete IP Pty Limited 2011 - 2012
  17. 17. How do I register a Design? To register a design, it must be and DISTINCT  A design registration does not protect the materials your product is made from, nor how it works X © Copyright Complete IP Pty Limited 2011 - 2012
  18. 18.  It cannot have been published in any document either inside or outside of Australia X It cannot have appeared publicly in the marketplace X © Copyright Complete IP Pty Limited 2011 - 2012
  19. 19. Once a design has been marketed or published, it will not be considered new © Copyright Complete IP Pty Limited 2011 - 2012
  20. 20. Patents WHEW!© Copyright Complete IP Pty Limited 2011 - 2012
  21. 21. Trademarks What is a Trademark? How do I register a Trademark? How do I show I have a Trademark Registration? How long does a Trademark Registration last? © Copyright Complete IP Pty Limited 2011 - 2012
  22. 22. What is a Trademark?A trademark is the unique identity youapply to goods or use in connectionwith services, in the marketplace togain recognition.A trademark must be capable ofdistinguishing your goods or servicesfrom those of other traders. © Copyright Complete IP Pty Limited 2011 - 2012
  23. 23. A trademark can be: A brand or product name A slogan or tagline Your business or company name Your logo A colour or smell A shape or aspect of packaging A combination of the above © Copyright Complete IP Pty Limited 2011 - 2012
  24. 24. How do I register a Trademark?Step 1 Have a search conducted before you apply. Your results will be known in 2-3 days rather than months. (It is not compulsory to have a search conducted prior to application) © Copyright Complete IP Pty Limited 2011 - 2012
  25. 25. Step 2 File the application with the government department for them to examine. © Copyright Complete IP Pty Limited 2011 - 2012
  26. 26. Step 3 A notice that the trademark has been accepted will be issued, or an “adverse” report will be issued after government examination if there are problems to address. © Copyright Complete IP Pty Limited 2011 - 2012
  27. 27. Step 4 Once the application is approved, it will be advertised as such. At this stage, a compulsory 3 month opposition period begins, during which other parties may oppose your trademark. © Copyright Complete IP Pty Limited 2011 - 2012
  28. 28. Step 5 Registration! Assuming no opposition is filed against your trademark, it will become registered for an initial period of 10 years. © Copyright Complete IP Pty Limited 2011 - 2012
  29. 29. How do I show I have a Trademark Registration? TMYou may use thissymbol against any ®‘sign’ you are Use this symbolclaiming to be your after yourtrademark. trademark is fully registered © Copyright Complete IP Pty Limited 2011 - 2012
  30. 30. How long will my trademark registration last? Trademarks are initially registered for a period of 10 years and can last indefinitely by renewing your rights each 10 years thereafter © Copyright Complete IP Pty Limited 2011 - 2012
  31. 31. Trademarks Benefits of trademark registration Can anything be registered? International Trademark registration © Copyright Complete IP Pty Limited 2011 - 2012
  32. 32. BenefitsIf you have spent time and money onadvertising and developing your brand,name or logo, you should protect itwith trademark registration to ensure itremains yours. © Copyright Complete IP Pty Limited 2011 - 2012
  33. 33. Control your own nameBy registering a trademark, not only areyou given the right to use the trademark,you also have the right to control the use ofyour name or logo. If someone else beginsusing it, you have the right to tell them tostop. If someone else wants to use yourname or logo, you have the right to licensethe use in a manner that suits you. © Copyright Complete IP Pty Limited 2011 - 2012
  34. 34. Make more moneyLicensing fees and franchising royaltiesfrom your registered trademarks canearn money well into the future. © Copyright Complete IP Pty Limited 2011 - 2012
  35. 35. Add value to your businessA trademark is a saleable asset, just likereal estate. By registering your name,logo, brands and slogans astrademarks, you immediately add valueto your business. © Copyright Complete IP Pty Limited 2011 - 2012
  36. 36. Be professionalMany people recognise the ® symbolthat represents a registered trademark.Using this symbol deters others from“ripping you off”. It also projects animage that your business is sound anddependable and will be around formany years to come. © Copyright Complete IP Pty Limited 2011 - 2012
  37. 37. Businesses last longerStudies have shown that eachtrademark registration you haveincreases the life of yourbusiness by approximately 2.2years! © Copyright Complete IP Pty Limited 2011 - 2012
  38. 38. Avoid action & costs against you By registering your trademarks, you may then avoid someone else registering your name or logo & telling you to cease use of it! The costs involved if an action is brought against you, not to mention costs to re- brand far outweigh the cost to register a trademark. © Copyright Complete IP Pty Limited 2011 - 2012
  39. 39. Own your name exclusivelyA business or company name registrationdoes not provide you with exclusivity, itmerely allows you to trade with the name.A trademark registration is the onlyregistration that gives you ownership ofthat name, logo or slogan. Action againstinfringers without trademark registrationis limited, difficult and costly. © Copyright Complete IP Pty Limited 2011 - 2012
  40. 40. Prevent importation of infringing productsOwning a trademark allows you toapply to customs to keep watch forproducts being imported under thesame (or even similar) name, for aproduct similar to yours or yourindustry. © Copyright Complete IP Pty Limited 2011 - 2012
  41. 41. Priority overseasWill you trade online or outsideAustralia?You will have a 6 month priority periodfor overseas trademark registrations,based on the date of your Australiantrademark application. © Copyright Complete IP Pty Limited 2011 - 2012
  42. 42. Can anything be registered? Not all things are legally able to be registered as a trademark, or part of a trademark. For example, the Olympic Rings and the Australian Army insignia are prohibited. Special permission is needed for other trademarks such as the use of the word ANZAC and even the Aboriginal flag (which is protected by copyright). © Copyright Complete IP Pty Limited 2011 - 2012
  43. 43. Other difficulties may arise in registering atrademark if your mark is likely to be needed byother traders in the same industry.For example, John Smith Auto ElectricsIt is quite likely there is more than one JohnSmith with an Auto Electrical business whowill need to use that name.By adding a distinctive aspect to the namehowever, such as a snake wrapped around asteering wheel, it can create a uniquetrademark that will be able to be registered. © Copyright Complete IP Pty Limited 2011 - 2012
  44. 44. An identical or deceptively similar trademarkis already registered for the same or similargoods or services.By having a search conducted on yourtrademark prior to using it, you can avoid thisissue from the outset.You will also avoid the owner of the registeredtrademark pursuing you for trademarkinfringement! © Copyright Complete IP Pty Limited 2011 - 2012
  45. 45. International registrationAustralia is one of over 80 membercountries of the Madrid Protocol,which essentially allows us to file asingle trademark application with theAustralian government office anddesignate which of the other membercountries we would like to apply for. © Copyright Complete IP Pty Limited 2011 - 2012
  46. 46.  In most countries, you can claim “priority” based on the date of your Australian application. To claim this priority, you must file your overseas application within 6 months of your Australian application – and the time frame is strictly adhered to. This means that your application will take priority over applications made after that date, in that country. © Copyright Complete IP Pty Limited 2011 - 2012
  47. 47. Copyright MyTrademark New Patent Stuff Design © Copyright Complete IP Pty Limited 2011 - 2012

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