The following table lists the types of IP protection available including the period of coverage,
whether you need to apply for protection or not and some of the benefits. For further information,
ring 1300 65 1010 or visit www.ipaustralia.gov.au.
| Type of IP |
Coverage |
Example |
Do I need to apply for protection |
International IP Rights |
Benefits |
Patent (Standard) |
A patent is granted for any device, substance, method or process which is a new,
inventive and useful invention.
Human beings and the biological processes for their generation
are not patentable. |
The Cochlear bionic ear implant is a device designed to help the hearing
impaired and the profoundly deaf who are unable to benefit from traditional hearing aids.
Cochlear Pty Ltd has over 180 patents in 7 countries protecting key features of the
implant. The University of Melbourne and the Commonwealth also hold patents covering early
research which has been licensed to Cochlear. |
Yes - apply to IP Australia for up to 20 years protection (if maintenance
fees are paid). |
An Australian patent provides protection only within Australia. To obtain
similar protection in other countries you generally have 2 choices:
- make separate patent applications in each country. This can e cost effective when you file in
only a few countries; or
- file a single international application under the Patent Cooperation Treaty (PCT) which is
administered by the World Intellectual Property Organization (WIPO) www.wipo.int
|
A patent gives you the right to stop others from using and selling your
invention. You can manufacture and commercialise an invention yourself or you can assign or licence
your patent to others. |
| Innovation Patent |
Less expensive than a standard patent, an innovation patent is suited to small
business innovations with a short commercial life which are not sufficiently inventive to qualify
for standard patent protection. |
|
Yes - apply to IP Australia for up to 8 years protection (if maintenance fees are paid). |
An innovation patent application can be used to claimpriority when
applying for a patent overseas using either the separate application or the international
application route. |
Inexpensive and relatively fast to obtain, an innovation patent offers the
same level of protection as a standard patent if examined and certified. |
| Trade Marks |
A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo,
picture, aspect of packaging or combination of these which distinguishes your goods and/or services
from those of other traders. |
The word QANTAS, and the winged kangaroo are registered trade marks. |
Yes and No.
Yes - apply to IP Australia for a registered trade mark. Registration establishes your
legal rights and can assist you in obtaining an injunction or taking infringement action against
another party to prevent them using your trade mark without permission. Trade mark registration
lasts for 10 years and can be renewed every 10 years.
No - if you decide that common law protection for your trade mark will suffice and you intend to
rely on protection through legal action such as passing off. Such legal action is likely to be
onerous, expensive and time consuming. |
When applying for overseas trade mark protection, you have two choices:
- Apply separately to each country, or
- Make use of the Madrid Protocol, which allows you to apply for any or all of the other 57
countries participating in the treaty.
For further information refer to IP Australia's website and/or the World Intellectual Property Organization (WIPO) Website |
A trade mark protects the identity of your goods and services and is a vital
element in developing and maintaining a brand. |
| Design |
Registered designs protect the way manufactured products look.
Specifically, design refers to the visual features of shape, configuration, pattern or ornamentation
of a product. |
Ken Done printed bedsheets are registered designs.
Registration prevents other manufacturers from producing bedsheets bearing the same or similar
printed patterns. |
Yes - apply to IP Australia for protection fur up to 10 years (if maintenance
fees are paid). |
Australia is a signatory to international treaties governing industrial designs.
To ensure your Australian and overseas applications are concurrently, you must lodge the
convention application internationally within 6 months of filing your application in Australia.
For more information visit the
international designs page on IP Australia's website. |
A registered design which has been examined and verified gives you a legally
enforceable right to use your product's design to gain a marketing edge. |
| Plant Breeder’s Rights |
Plant Breeder’s Rights are exclusive commercial rights to a registered variety.
The rights are a form of intellectual property, like patents and trade marks.
|
The ‘Pink Iceberg’ rose, ‘Drysdale’ wheat and the ‘Shalistin’ grape are some of the varieties protected by Plant Breeder’s Rights. |
Yes – apply to IP Australia for 25 years protection for tree and vine varieties and 20 years for all other varieties. |
There is no international system for filing PBR and generally applications need to be lodged in each country where protection is being sought. The European Community is an exception where a single application relates to protection in all participating countries. |
PBR protection allows you to exclude others from:
- Producing or reproducing the material
- Conditioning the material for the purpose of propagation
- Offering the material for sale
- Selling the material
- Importing the material
- Exporting the material
Stocking the material for any of the purposes described above. |
| Copyright |
Copyright protects the original expression of ideas, not the ideas themselves.
It protects your original works of art, literature, music, films, broadcasts and computer
programs from unauthorised copying. |
Paintings, drawings, poems, novels, songs and movies are just a few examples of
the many works protected by copyright. |
No - Copyright is free and automatic and generally lasts for 50 years after the
death of the creator.
Copyright legislation in administered by the federal Attorney General's Department |
Australia is party to a number of international treaties regarding copyright.
For more information about international copyright protection, log onto
www.law.gov.au |
Copyright protects your original works from unauthorised copying and gives you
exclusive rights to license the work. |
| Circuit Layout Rights |
Circuit Layout Rights give you the exclusive right to copy, manufacture and
commercially exploit original plans describing the layout of designs of integrated circuits and micro-chips. |
|
No- protection is automatic.
The Attorney General's Department administers Circuit Layout Rights legislation. |
A list of countries that provide reciprocal circuit layout rights to Australian
designers is available at www.law.gov.au |
Circuit layouts are usually highly complex and the intellectual effort in
creating an original layout can potentially be of great value.
The owner of a Circuit Layout can copy the layout, make integrated circuits from the layout and exploit
it commercially. |
| Trade Secrets and Confidentiality |
Essentially mean the same thing - maintaining secrecy.
Trade secrets are useful when the IP is unlikely to be registered (or is not registerable) or
if you wish to retain exclusive use of the IP beyond the term of a patent. |
The recipe for Coca-Cola is a secret. |
No |
Companies should take the necessary measures to ensure that their
trade secrets are protected in all international markets. |
Trade secrets are most useful when reverse engineering the process or formula is
difficult, and/or you are operating in markets in which IP enforcement is difficult.
Trade secrets and a registered trade mark can be a highly effective IP strategy. |
