What is IP?
Introducing Intellectual Property
The term 'intellectual property' is often used but not always understood. This section introduces the concepts of intellectual property including what's protected, how it's protected and why. The section also explores intellectual property in the media and introduces IP Australia.
What is protected, how it’s protected and why
Intellectual property (IP) is one of the essential building blocks of Australia’s economy. IP results from the application of someone’s mind or intellect to create something new or original. IP can exist in various forms, for example, IP can be an invention, a trade mark, book, film, trade secret or artistic design.
Australia’s IP laws provide a legal framework to protect these innovative ideas.The technological innovation and artistic expression resulting in legally enforceable IP rights encourages the development and expansion of industries, the creation of new jobs and widespread economic stimulation resulting in higher standards of living for all Australians.
Put another way, the legal protection of IP rights provides writers, journalists, photographers, artists, business people, entrepreneurs and inventors with the exclusive right to use and control, and therefore profit from, their intellectual and creative endeavours.
When most people consider the assets of a business, they tend to think only about physical products, such as equipment, facilities, buildings and people. However, intellectual property is an increasingly valuable asset for many businesses — and an important differentiating factor between one organisation and the next. For example, while two companies may each produce a lounge chair, each chair has a different design, production process and brand name each reflecting different types of IP.
Easy Reference
| What's Protected | Type of IP Protecion | What it Means |
|---|---|---|
| Inventions | Patents | The owner has the exclusive right to use, sell or license the invention. Patents also allow the owner to stop others from manufacturing, using, copying and/or selling the device or process. |
| Letters, numbers, words, colours, a phrase, sound, smell, logo, shape, picture, aspect of packaging or any combination of these | Trade marks | A trade mark identifies the particular goods or services of a trader as distinct from those of other traders. The owner has the exclusive right to use, sell or license the trade mark. |
| Art, literature, music, film, broadcasts and computer programs | Copyright | The owner's original expression of ideas is protected, though not the ideas themselves. The owner has the exclusive right to use, sell or license the copyright work. |
| Two and three dimensional product designs, for example, a fabric pattern and the shape of a chair | Registered designs | The visual appearance of a manufactured product is protected, but not the way it works. The owner has the exclusive right to use, sell or license the registered design. |
| New plant varieties | Plant Breeder's Rights (PBR) | Plant Breeder's Rights are used to protect new varieties of plants by giving exclusive commercial rights to market a new variety or its reproductive material. |
| Trade secrets, confidential information, circuit layouts | Other | These types of IP give creators certain rights and privileges depending on the type of IP protection, but in general, the owner has the exclusive right to use, sell or license the IP. |
Reporting on IP issues
Australia continues to grow in prominence as a global producer of IP. Recent events such as free trade agreements and high-profile copyright, patent and trade mark cases continue to bring IP into the national spotlight. In this context, it is increasingly important for journalists’ and people working in the media to understand intellectual property and the systems established to protect it.
Common sources of confusion
Terminology is the key source of confusion when reporting on IP. Journalists’ should take care to report accurately on whether something has been patented, registered as a trade mark or a design, or is protected as a copyright work. This will avoid phrasing blunders such as “copyrighting an invention” or “patenting a trade mark”.
Examples of misreported IP terms in the media
- Peter O’Meara, CEO of Perth-based Rugby Union team Western Force recently said: “We registered the name and took all the proper patent precautions in Australia, but we didn’t search New Zealand to the same extent.”
Correct term: Western Force is having a trade mark issue in New Zealand. Lesson learnt: Names can not be patented. - A radio talkback show was discussing whether intellectual property lawyer, Malcolm McBratney, who is in a legal battle with McDonalds, should be allowed to copyright the name McBrat to sponsor the Brisbane Irish Rugby Club.
Correct term: McBratney applied to register a trade mark for the name. Lesson learnt: A name can not generally be protected by copyright. - In a recent discussion on genetically engineering animals to increase muscle mass, it was reported that “The John Hopkins School of Medicine filed for a world patent”.
Correct term: It is likely that the School of Medicine submitted a Patent Cooperation Treaty (PCT) application to file a single international application multiple countries.Lesson learnt: There is no such thing as a ‘world patent’.
About IP Australia
IP Australia is the Australian government agency responsible for administering patent, design, trade mark and plant breeder’s rights. By granting these rights, and contributing to the improvement of Australian and international IP systems, IP Australia is supporting Australia’s economic development.
People should contact IP Australia if they are:
- Seeking formal intellectual property protection via patents, Trade marks, designs and plant breeder’s rights;
- Disputing or opposing a patent, trade mark or design;
- Researching existing IP documents and searching patents, Trade marks, designs or plant breeder’s rights databases; and
- Interested in promoting IP within their organisation.