Intellectual property news australia [Beginner's Guide]



Last updated : Aug 8, 2022
Written by : Blanca Skahan
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Intellectual property news australia

What are the 5 types of intellectual property that can be protected in Australia?

Types of IP rights Trade marks - protect logos, words and other branding. Copyright - protects art, writing, music, film, and computer programs. Registered designs - protects the visual design of a product. Circuit layout rights - protect layout designs or plans of integrated circuits used in computer-generated designs.

What are the new developments of IPR?

  • Trademark law brought at par with international practices.
  • Protection to Geographical Indications Provided.
  • Copyright Law Modified.
  • Patents Law more aligned with TRIPS.
  • Protection for Plant Varieties and Rights of Farmers established.
  • New Designs Law.

What is intellectual property in Australia?

Intellectual property (IP) is the property of your mind or proprietary knowledge. Basically, the productive new ideas you create. It can be an invention, trade mark, design, brand, or the application of your idea.

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

Who regulates IP in Australia?

In Australia, intellectual property rights are protected by federal legislation and the common law. Australia is also a signatory to the World Trade Organization Agreement on Trade-related aspects of Intellectual Property Rights (TRIPS) which sets minimum standards for intellectual property protection and enforcement.

Is Coca Cola a trademark or copyright?

Coca Cola Word Mark The name Coca-Cola is a registered trademark, and the USPTO recorded its first use in 1898.

What are some examples of intellectual property?

  • Patents.
  • Domain names.
  • Industrial design.
  • Confidential information.
  • Inventions.
  • Moral rights.
  • Database rights.
  • Works of authorship.

What is unfair competition in IPR?

Unfair competition is using illegal, deceptive, and fraudulent selling practices that harm consumers or other businesses to gain a competitive advantage in the market.

What is the scope of intellectual property?

Scope of intellectual Property Industrial properties include patents or inventions, trademarks, trade names, biodiversity, plant breeding rights and other commercial interests. A patent gives its holder the exclusive right to use the Intellectual Property for the purposes of making money from the invention.

How is IP protected in Australia?

Australia has a well-developed legal system that protects the intellectual property of businesses and individuals. Businesses can register a trade mark as a marketing tool. A registered trade mark provides legal protection that prevents others from using your brand. Trade marks are issued and protected nationally.

What can be patented in Australia?

  • computer-related inventions.
  • business methods.
  • biological inventions.
  • micro-organisms and other biological materials.

What are the 3 ways of protecting intellectual property?

There are only three ways to protect intellectual property in the United States: through the use patents, trademarks or copyrights. A patent applies to a specific product design; a trademark to a name, phrase or symbol; and a copyright to a written document.

What is the difference between intellectual property and copyright?

The terms “copyright” and “intellectual property” are often used interchangeably. However, copyright is just a part of the scope of intellectual property, as are trade marks, patents, and designs. Intellectual property (IP) describes a form of property which is the intangible output of the human creative mind.

What are the 7 intellectual property rights?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

Who owns intellectual property?

Generally, the creator of a work is deemed its owner. However, intellectual property ownership can be determined differently for different types of property and under varying circumstances. For example, if work is created for an employer, the employer is the owner of that intellectual property.

Who owns IP if no agreement?

There are some limited statutory exceptions, but the basic position is that, without an agreement, the creator owns the IP. This reality is commonly misunderstood and often causes disputes between parties later on.

Who owns IP employee or employer?

An employee cannot claim ownership of such IP on the mere fact that it was created by him. However, IP created by an employee, other than in the course of his employment, shall be owned by the employee and not the employer.

What is the copyright law in Australia?

28.4 Copyright protects the form of expression of ideas, rather than the ideas, information or concepts expressed. The Copyright Act 1968 (Cth) (Copyright Act) regulates copyright in Australia in relation to original literary, dramatic, musical and artistic works, and subject matter other than works.

What is McDonald's trademark?

The word “McDonald's” is a trademark. We call this a standard character text trademark and it would be on its own USPTO trademark application if you wanted a federal registration for it. The Golden Arches is a logo, but this too is serving as a trademark. We refer to this as an image or stylized trademark.

What is Nike trademark?

Nike trademarks are trademarks owned by the leading shoe manufacturer. Companies like Nike use trademarks to protect their brand. With a trademark in place, a company can prevent unauthorized use of their intellectual property.


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Intellectual property news australia


Comment by Leif Ferraiz

hello and welcome to the 2021 australian intellectual property report now 2020 was an unprecedented year with significant economic shocks triggered by the covent 19 pandemic this impacted business operations and disrupted supply chains around the world the global uncertainty has also changed the way individuals and businesses engage with australia's ip system we saw a decline in patent and design filings from 2019 levels of two and four percent for patents this was attributed to reduction in filings from australia for designs the slowdown in international trade has had a real impact plant breeders rights backed this trend and grew 12 but from decade low filings in 2019 mainly driven by non-residents but the standard performer in 2020 was trademarks they grew eight percent compared to 2019 and largely driven by filings originating australia moreover the biggest peaking applications came from new south wales in victoria during the victorian lockdown september 2020 recorded the most trademark applications from those two states ever ninety-four percent of all trademark filings came from small medium enterprises and that's been rising over the past decade to a peak this year the top five domestic australian trademark applicants in 2020 are blue scope steel australia blue moon aristocrat technologies kohl's group and pinnacle liquor group internationally koawai novartis apple amazon and johnston johnson were the top five applicants for patents australia continues to be a net importer of ip with 92 of patent filings coming from overseas the us contributed 45 percent of these applications applications coming in from china came second japan german and uk round out the top five countries of origin australia's leading patent founders aristocrat technologies the csiro breville the universities of sydney and monash university the top five international finders are concentrated in smartphone manufacturing and telecoms guangdong oppo mobile telecommunications a leading smartphone manufacturer in china maintained its top position from 2019. other top fires include lg electronics huawei apple and qualcomm unsurprisingly perhaps recording telecommunication and data process equipment was also the second most filed type of design right the top design class was the means of transport and hoisting and that includes all land sea air and space vehicles and their component parts the list of top australian applicants is predominantly producers of textile goods australian based fashion label zimmerman ware retained its top position in 2020 new to the top five and in second place is the menswear label industry clothing and they mainly make packaging designs for plant breeds rights three australian companies tied for bragging rights of being the highest fire in 2020 australian grain technologies new floor international and plant growers australia rolf nominee and australian mr ian schimann rounded out the top five domestic fighters the united states and netherlands continue to be the top main overseas origins for applications for international applicants reiki svan a dutch vegetable breeding company was a top pvr fighter eden collection also from the netherlands and the university of california tied for second place we are excited to include the chapman copyright in the ip report this year contributed by colleagues at the department of infrastructure australian industries that rely on corporate protection include press literature radio and video game an estimate suggests that copper industries account for eight percent of total employment in australia and they generate 4.8 billion dollars in exports the copyright chapter in this year's report looks further into online infringement and the impact of kobit 19 on these industries finally we feature new research undertaken by ips australia into our exporters response to economic shocks and how holding trademarks makes businesses more resilient to shocks the research looks at manufacturing firms without trademarks overseas and find they're more likely to become exporters or they earn more from exports and they respond to exchange rate shifts by diversifying their exports i hope you enjoy the 2021 ip report please write any feedback or comments by email or phone using the details provided happy reading


Thanks for your comment Leif Ferraiz, have a nice day.
- Blanca Skahan, Staff Member


Comment by iz1zav

there is still healthy demand for property in the market in july we had our highest listings market since july 2015. uh in june it was higher than highest since 2013. we saw a highest audience levels in july since march and we sent out two million buyer enquiries to our customers in july so the demand for property is still there and yes there are fewer buyers at this time last year but i think the supply demand equation is back in balance and there are some really strong fundamentals that we think will underpin that demand for property the the first is record unemployment which we all know is the lowest since about 1974. our household savings are still very strong and we're going to see increasing immigration come through all of those things will underpin demand and then of course then there's the rental market we're seeing very low rental vacancies and doubled in rent increases across many markets in the country that coupled with falling house prices is inevitably going to bring investors back to the market we know that the rba is currently in a tightening cycle with respect to rates is there a risk that it'll tighten too quickly in your opinion and potentially bring the property market undone oh look i would think the rba know what they're doing i'd like to think they do i think we will see smaller increases than we've seen in the past months as they let the impact of those flow through um you know our view is that they are doing it sensibly it needed to happen um we've got to get inflation under control we're not forecasting massive drops in in house prices over the next 12 months we're looking at about five to ten percent and it's important to put that in context because we've had significant rises in house prices over the last two years if we have a five percent drop in house prices from here that really only takes us back to august last year and a 10 drop in house prices would take us back to about may last year so it's really just kind of knocking the froth off the market that we've seen in the past 12 months are you confident that uh households are going to be re able to repay debts if the cash rate reaches either three or in excess of three percent you touched on before that you felt confident about household savings but what if the cash rate goes to three or beyond well it's what's happened in the last two years is that everyone who's got a loan um from any lender in the past two years has had five percent interest rate as the rate that they've got to be able to service at and so consumers should be able to service you know mortgage rates up to five percent you you're right beyond that that might become a stretch but they have record levels of household savings particularly mortgage offset accounts which should buffer against that coupled with low unemployment and i think everybody is forecasting wage increases to start to to flow through in the coming 12 months again which which should cushion most consumers from rate rises so how is the business being impacted by the tight labor market and how is it handling wages and any wage cost pressures we've definitely seen particularly in our sector uh the tech sector uh strong competition for talent and you know wage growth in excess of what's been happening in the economy in our sector over the past probably two or three years we've already locked in our wage increases for 2023 and we've locked that in below the level of inflation and what we have seen in the past two to three months is a softening in that demand in our space and we are seeing what we're calling a flight to quality as talent in the market it decided to move towards more quality places to work as funding dries up for some of the startups in the economy finally owen what is the outlook for rea group well we believe we've got a strategy that is going to deliver continued growth we put new products into the market in the current financial year which will deliver growth into fy23 and beyond and we we've guided the market uh for the new financial year fy23 that we will have double-digit uh yield growth in our products and double-digit revenue growth so we're we're very excited about 23 albeit it is going to be in a much more subdued property market owen wilson it's been great talking to you thank you for your time thanks catherine you


Thanks iz1zav your participation is very much appreciated
- Blanca Skahan


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