IP Ownership Issues
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This document discusses intellectual property ownership issues and provides an overview of intellectual property rights such as patents, trademarks, and copyright. It addresses common misconceptions about IP ownership and outlines general principles of ownership for employees, employers, and contractors. The document also discusses potential complications around establishing ownership and provides tips to avoid these complications such as ensuring employment contracts anticipate work extending beyond normal scope and obtaining written assignment of intellectual property from contractors. Finally, it discusses the handling of confidential information by employees.
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This document discusses key aspects of IT law including software agreements, intellectual property, and copyright. It covers the purposes of software agreements regarding offer and acceptance, performance, and ownership of contract materials. It also outlines the requirements for copyright including subject matter, original work, and formalities. Finally, it discusses intellectual property such as patents, trade secrets, and trademarks as well as copyright ownership and transfer.
Broadley Rees Hogan Trade Marks Presentation
The document discusses registered trademarks, outlining what they are, why they should be registered, and how to register one in Australia. Registered trademarks provide exclusive rights to signs indicating the source of goods and services. They are registered through IP Australia and provide protection for 13 weeks as the application is examined. Applicants have the opportunity to respond to any objections before registration is granted or refused, with the entire process taking around 15 months. Objections can be overcome by arguing inherent adaptation of the mark, prior use, or obtaining consent from any prior users.
Broadley Rees Hogan Managing Copyright in Plans
This document discusses managing copyright in architectural plans. It notes the difficulties in dealing with ownership of copyright in plans and using another architect's approved development plans. It recommends that architects address these issues by including conditional licenses in their contracts that specify the client's rights to use plans and the conditions of that license, such as being site-specific and non-exclusive. It also advises architects to protect themselves from liability by ensuring their client has the right to use any prior plans and obtaining written evidence and representations of this from the client.
Screen and Media Law - Peter Bolam
The document discusses screen and media law in Australia, including categories of copyrighted works, requirements for copyright, ownership and transfer of copyright, and exceptions from infringement. It covers literary works, dramatic works, musical works, artistic works, films, sound recordings, broadcasts, and performer's rights. Two hypothetical scenarios are presented involving establishing chain of title for a short film and legal issues surrounding a documentary about a reclusive artist.
Whistleblowing: Public Interest Disclosure by Australian Public Servants
The document discusses whistleblowing and public interest disclosure from an Australian perspective, focusing on Commonwealth and Queensland models. It defines whistleblowing and outlines key aspects of relevant legislation, including the Public Interest Disclosure Act 2010 in Queensland. The Act established a different model from the Commonwealth, specifying journalists as recipients for disclosure, fewer exemptions, and broader protections for disclosers.
Aspects of IT law
The document discusses aspects of IT law including software agreements, intellectual property, requirements for copyright, and copyright ownership and transfer. Software agreements cover offer and acceptance, performance, and ownership of contract materials. Intellectual property includes patents, trademarks, and copyright. Requirements for copyright include the work being an original work expressed in some material form by an Australian citizen or resident. Copyright ownership and transfer discusses the author owning the copyright unless it was made as part of employment duties or assigned, as well as joint ownership and formalities around assignments and licenses.
Arts law qpix 2 june 2011 ppt
This document provides an overview of screen and media law in Australia. It discusses categories of screen copyright including works like literary works, dramatic works, musical works, and artistic works. It also covers requirements for copyright, ownership and transfer of copyright, exceptions from infringement like fair dealing, and when copyrighted works can be used under exceptions. The document is intended to educate about the legal aspects of screen and media copyright in Australia.
More from Peter Bolam (7)
Whistleblowing: Public Interest Disclosure by Australian Public Servants
Whistleblowing: Public Interest Disclosure by Australian Public Servants
IP Ownership Issues
- 2. • Intellectual property rights • Common misconceptions • General principles of ownership • Complications • Tips for avoiding complications • Employees & confidential information Overview
- 3. • Patent registration protects inventions – products and methods • Trade mark registration protects signs – brand protection • Registered designs protect the appearance of products – visual features • Copyright protects literary, artistic, musical and dramatic works IP rights
- 4. Common misconceptions • Copyright is registered • Registration of business and company names provides IP protection Quick Build Construction Services Quick Build Home Constructions Quick Build Building & Maintenance • Ideas trump authorship • 10% Rule • Commissioning a work = ownership
- 5. General principles of ownership • Generally creator is author – first user for trade marks • Employer will own IP created by employee if pursuant to contract of employment or within the scope of employment • Contractor will retain IP unless assigned in writing
- 6. Ownership complications • Relevance for ideas originator, employer and a commissioning party • Establishing scope of the employment contract or employment • Some examples Mr Hudson’s vacuum cleaner adaptor - developed at home Mr Collins’ tyre tread rasp – “don’t get sidetracked on non-sales”
- 7. Tips • Employment contract should anticipate that work may extend beyond normal scope – “Employee will assist with securing any IP for Employer” • Employer should give directions for work that is outside the scope of the contract or employment • Obtain written assignment from contractor before the project commences
- 8. Employees & confidential information • 3 tiers of information in employment public or trivial – not confidential confidential “know-how” trade secrets • Tips for employment contracts clearly describe what information is confidential or commercially sensitive include a restrictive covenant
- 9. Peter Bolam| Consultant P: +61 7 3223 9139 F: +61 7 3221 5518 E: peter.bolam@brhlawyers.com.au For further information, please contact: