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- 1. INTELLECTUAL PROPERTY © Copyright Complete IP Pty Limited 2010
- 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 2010 ? ? ? ?
- 4. Designs
- 5. Patents
- 6. Trademarks
- 7. Trade Secrets/Confidential Info. © Copyright Complete IP Pty Limited 2010
- 9. How do I register a copyright?
- 10. How do I show I have a copyright?
- 11. How long does a copyright last?© Copyright Complete IP Pty Limited 2010
- 12. What is a copyright? A copyright is defined as an original expression of ideas. It is not the idea itself. Copyright protects original works of art, music, films, literature, computer and broadcasting programs. © Copyright Complete IP Pty Limited 2010
- 14. Manuals
- 15. Website pages
- 16. ArtworkHow To Do It All Yourself
- 17. How do I register a copyright? You do not need to officially register a copyright in Australia, unlike a patent, trademark or design. Copyright is a free and automatic registration. © Copyright Complete IP Pty Limited 2010
- 18. © Copyright Complete IP Pty Limited 2010 Proof of copyright To provide some “proof” of the date of the creation, you can: Mail yourself a copy of the copyright so that it is date stamped; send a copy by read receipt email and/or provide a copy to your solicitor/advisor. Complete IP Pty Limited PO Box 63 BORONIA VIC 3155
- 19. How do I show I have a copyright? Placing a copyright notice on any works of original expression is suggested. These can be shown as per the following example: © Copyright Complete IP Pty Limited 2010
- 20. © Complete IP Pty Ltd 2010 This indicates that Complete IP Pty Ltd was the original creator and that it was created in 2010. © Copyright Complete IP Pty Limited 2010
- 21. How long does a copyright last? In Australia, the life span of a copyright has been extended from 50 years to 70 years after the death of the creator, or 70 years from creation. © Copyright Complete IP Pty Limited 2010 70
- 23. How do I register a Design?
- 24. How do I show I have a Design Registration?
- 25. How long does a Design Registration last?© Copyright Complete IP Pty Limited 2010
- 26. 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 2010
- 27. Dunlop ® Tyre © Copyright Complete IP Pty Limited 2010
- 28. Speedo’s © Copyright Complete IP Pty Limited 2010
- 29. A Rocking Kangaroo © Copyright Complete IP Pty Limited 2010
- 30. 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 2010
- 33. Patents WHEW! © Copyright Complete IP Pty Limited 2010
- 34. Trademarks © Copyright Complete IP Pty Limited 2010 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?
- 35. What is a Trademark? A trademark is the unique identity you apply to goods or use in connection with services, in the marketplace to gain recognition. A trademark must be capable of distinguishing your goods or services from those of other traders. © Copyright Complete IP Pty Limited 2010
- 36. 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 2010
- 37. 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 2010
- 38. © Copyright Complete IP Pty Limited 2010 Step 2 File the application with the government department for them to examine.
- 39. 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 2010
- 40. © Copyright Complete IP Pty Limited 2010 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.
- 41. © Copyright Complete IP Pty Limited 2010 Step 5 Registration! Assuming no opposition is filed against your trademark, it will become registered for an initial period of 10 years.
- 42. How do I show I have a Trademark Registration? TM You may use this symbol against any ‘sign’ you are claiming to be your trademark. ® Use this symbol after your trademark is fully registered © Copyright Complete IP Pty Limited 2010
- 43. 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 2010
- 44. Trademarks Benefits of trademark registration Can anything be registered? International Trademark registration © Copyright Complete IP Pty Limited 2010
- 45. Benefits If you have spent time and money on advertising and developing your brand, name or logo, you should protect it with trademark registration to ensure it remains yours. © Copyright Complete IP Pty Limited 2010
- 46. Control your own name By registering a trademark, not only are you given the right to use the trademark, you also have the right to control the use of your name or logo. If someone else begins using it, you have the right to tell them to stop. If someone else wants to use your name or logo, you have the right to license the use in a manner that suits you. © Copyright Complete IP Pty Limited 2010
- 47. Make more money Licensing fees and franchising royalties from your registered trademarks can earn money well into the future. © Copyright Complete IP Pty Limited 2010
- 48. Add value to your business A trademark is a saleable asset, just like real estate. By registering your name, logo, brands and slogans as trademarks, you immediately add value to your business. © Copyright Complete IP Pty Limited 2010
- 49. Be professional Many people recognise the ® symbol that represents a registered trademark. Using this symbol deters others from “ripping you off”. It also projects an image that your business is sound and dependable and will be around for many years to come. © Copyright Complete IP Pty Limited 2010
- 50. Businesses last longer Studies have shown that each trademark registration you have increases the life of your business by approximately 2.2 years! © Copyright Complete IP Pty Limited 2010 + 2.2
- 51. 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 rebrand far outweigh the cost to register a trademark. © Copyright Complete IP Pty Limited 2010
- 52. Own your name exclusively A business or company name registration does not provide you with exclusivity, it merely allows you to trade with the name. A trademark registration is the only registration that gives you ownership of that name, logo or slogan. Action against infringers without trademark registration is limited, difficult and costly. © Copyright Complete IP Pty Limited 2010
- 53. Prevent importation of infringing products Owning a trademark allows you to apply to customs to keep watch for products being imported under the same (or even similar) name, for a product similar to yours or your industry. © Copyright Complete IP Pty Limited 2010
- 54. Priority overseas Will you trade online or outside Australia? You will have a 6 month priority period for overseas trademark registrations, based on the date of your Australian trademark application. © Copyright Complete IP Pty Limited 2010
- 55. 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 2010
- 56. For example, John Smith Auto Electrics It is quite likely there is more than one John Smith with an Auto Electrical business who will need to use that name. By adding a distinctive aspect to the name however, such as a snake wrapped around a steering wheel, it can create a unique trademark that will be able to be registered. © Copyright Complete IP Pty Limited 2010 Other difficulties may arise in registering a trademark if your mark is likely to be needed by other traders in the same industry.
- 57. © Copyright Complete IP Pty Limited 2010 An identical or deceptively similar trademark is already registered for the same or similar goods or services. By having a search conducted on your trademark prior to using it, you can avoid this issue from the outset. You will also avoid the owner of the registered trademark pursuing you for trademark infringement!
- 58. International registration Australia is one of over 80 member countries of the Madrid Agreement, which essentially allows us to file a single trademark application with the Australian government office and designate which of the other member countries we would like to apply for. © Copyright Complete IP Pty Limited 2010
- 59. 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 2010
- 60. © Copyright Complete IP Pty Limited 2010
Editor's Notes
- Opening remarks
- Mention Michel/Brandology and being able to identify your brands & Matt/Smoorenburg Pini re patents
- ALAN: This should start with saying “As Matt touched on, there are several ‘main forms’ of IP”. Or similar
- Each of these are covered in the following slides
- If you are the original creator of a ‘work’ classified as copyright, then you are the owner in most circumstances. Employees or contractors may not always own copyright in work created; contracts in these circumstances should be reviewed
- This is in most cases; for example, material create for or by a government agency has a shorter life-span, being 50 years from creation/first public release. Or, in cases where the author died prior to 1955, as the life span at that time was a maximum of 50 years past the creators death.
- ALAN: “As briefly touched on by Matt” (each point covered in following slides)
- DISCUSSION POINTS:- Under the current Designs Act (in Australia) – design registration is somewhat automatic. A person may register a design with ‘no questions’ asked. However, to be legally enforceable, the design must be examined and certified. It is through this process the designs office will ensure that the design is in fact new. - A third party may request examination of a design that has been registered but not certified. They may do this if they believe that the design is not likely to be certified and that rights should not remain with that particular person/entity. In this case, the design holder will be expected to pay 50% of the examination/certification fees.
- Certain countries will allow a ‘grace’ period from first disclosure to bring design applications into order – however, not all countries will allow this, and the time frames vary. For this reason, it is absolutely encouraged/advised to seek advice concerning design protection before any disclosure. Also, by filing an application in Australia, the details will be published – this could work against you if you have international interests; your own Australian design could stop your overseas design from being considered new! This further highlights the need to get your ‘ducks lined up in a row’ before any first disclosure occurs.
- As the area of Intellectual Property known as Patents has been covered so capably by Matt, we’ll move along to Trademarks
- (covering each point in following slides)
- Any of the above, or a combination can be a trademark – so long as it is inherently adapted to distinguish the goods/services from others; if the trademark is descriptive or likely to be needed by others, difficulties can arise** use example 4 from the sheet here if required.
- The purpose of a search is to provide an opinion on the likelihood of successful registration, as well as to identify any trademarks that may be used in the marketplace without registration. These are known as common law trademarks, and whilst the options are limited, the users of common law trademarks may still have grounds for action against another party using the same/similar.Use examples 1 and/or 2 from sheet if required
- Examination will take around 3 months.
- DISCUSSION POINT:In the event an adverse report is issued, you will be given 15 months to address the matter raised. These can range from fairly minor administrative matters (eg: incorrect classification of goods/services or listing a business name as an owner) to more major issues, such as an objection because your trademark has been found as not capable of distinguishing your goods/services.
- The government office will advertise the fact that your trademark has been accepted in the Australian Journal of Trademarks. This is a part of the process, automatically – you will not be required to do anything or pay any fee for the advertisement.
- We encourage searches before using the ™ symbol; whilst you are allowed to use it to indicate that you are claiming a particular name/logo to be your trademark – a search can ensure that this use won’t be stepping on the toes of others; In the case of the ® symbol – you cannot use this prior to registration being final; it is an offence to use it against a mark that is not registered.
- (covering each point in the following slides)
- Without trademark registration, you do not necessarily have the right to use your name; nor do you have a defense against infringement if someone else has or does register the trademark – one trademark owner can not take infringement action against another trademark owner.
- Studies conducted a few years ago by leading persons in the area of making a business survive - Study was conducted several years ago by the University of Melbourne.
- Use example 5 from the sheet here if required
- Exclusive rights are only for the goods and/or services for which you have registered the trademark.** use example 3 from the sheet here if required
- The majority of businesses these days have a website & many sell worldwide. The 6 month priority period allows you to plan for the future of your business overseas, while limiting the chance of someone seeing your brand in Australia and “ripping you off”.
- These are only a couple of examples of ‘signs’ that cannot be registered.
- Section 41 of the Act, which deals with ‘not capable of distinguishing marks’, and includes Common surnames, descriptive terms, Place names, words that may be needed by another trader in the same industry
- Contact us for list of Madrid member countriesDISCUSSION POINT:There are several criteria that one must meet to be considered eligible for filing in this manner, includingThe trademark must match your ‘national’ trademark (eg: Your Australian trademark) The national trademark must remain live for a minimum of 5 yearsThe goods/services must be the same, or a narrower scope
- PRIORITY NOTE: Or, within 6 months from the ‘earliest’ application for that particular trademark. If you happened to file in USA before Australia, then the USA application date would form the basis for any priority claim.
- Closing comments