IP Basics for Business

 

This transcript is for the video IP Basics for Business.

[Music plays.  Australian Government IP Australia logo appears on screen.  Screen changes to show the words IP is your business above graphic]

[Female and male appear on screen]

Female:  Whatever business you’re in, to stay ahead of the competition your creativity, ideas and innovations are crucial.

Male:  And much of that is intellectual property, or IP for short.  Whatever business you’re in IP is your business.

[Text appears: IP is your business.  Screen changes to show close up of female speaking]

Female:  Small business owners and inventors are busy. 

[Screen pans out and graphic of brain with question marks around it appears next to female]

Many don’t think about IP until it’s too late.  Only one out of seven people understand the basic IP concepts in this video and these are things that can help you avoid simple, costly and irreversible mistakes. 

[Text appears: Simple Costly Irreversible and Mistakes.  Screen changes to close up of female speaking.  Graphic of Scrabble tiles with the words Business Name and Trade mark appears next to female]

For example did you know that registering your business name offers no protection for your logo or brand?

[Screen pans out to show male standing next to female]

Male:  So what can IP do for your business?  IP helps you make money and manage risk, usually over a set period of time. 

[Image changes to show graphic of Scrabble tiles with the words Risk Time Money appears between male and female]

There are six different types of IP. 

[Screen changes to close up of male speaking]

Some require registration while others are automatic. 

[Image changes to show graphic of Scrabble tiles with the words Registered Automatic appears on screen next to male]

How many do you know? 

[Graphic appears next to male with text: 1. Patents for Inventions]

Patents for inventions. 

[Graphic changes with text: Trade Marks for Brands]

Trade marks for brands. 

[Graphic changes with text: 3. Designs for how a Product Looks]

Designs for how a product looks. 

[Graphic changes with text: 4. Plant Breeders’ Rights]

Plant breeder’s rights. 

[Graphic changes with text: 5. Copyright for Creative Works like Books, Music and Art]

Copyright for creative works like books, music and art. 

[Graphic changes with text: 6. Circuit Layout Rights]

And circuit layout rights. 

[Screen changes to show close up of male speaking]

Let’s take a look at the three main registered rights as well as copyright.  These are the common types of IP you may encounter.

[Image changes to show graphic appears on screen with text: Patents for Inventions.  Female appears on screen next to graphic]

Female:  A patent is an exclusive right to commercialise or license your invention for up to 20 years. 

[Image changes to show world globe]

As with any registered IP you should apply for a patent in each country where you’ll be doing business. 

[Image changes to close up of female speaking]

Registration is not a rubber stamp, you have to meet a set of criteria.  It has to be new, inventive and useful. 

[Image changes to show graphic of Scrabble tiles appears next to female with text: New Inventive Useful]

New means no-one else has already invented it.  You must keep it secret before you apply.  If you’ve already gone public with your invention you may not get a patent. 

[Image changes to show female speaker putting on a pair of glasses and pretends to read magazine]

By inventive we mean skilled people in your industry would not find your invention an obvious thing to do.  Finally your invention must have a useful function and actually work.  It makes sense.

[Image changes to show graphic of wine bottle with text: Trade Marks.  Screen changes to show male walking into shot]

Male:  Let’s move on to trade marks. 

[Image changes to show graphic of wine bottle appears next to male]

A registered trade mark protects your brand or logo.  Registration can last forever, as long as you’re using the mark and paying renewal fees.  Unlike patents trade marks don’t have to be new, they don’t have to be a secret, but they do have to be capable of distinguishing what you sell. 

[Image changes to show graphic of Scrabble tiles with text: Distinguishing, New, and Secret crossed out.  Screen changes to graphic of boxes with particular words being crossed out or ticked]

You can’t own descriptive words or symbols that other traders legitimately need to use.  And it must not be so similar to anyone else’s trade mark for similar goods and services that customers might get confused. 

[Image changes back to show male speaking next to graphic of Scrabble tiles text: Trade mark, Business Name and Domain Name]

A registered trade mark, business name and domain name are three separate things to consider, especially when starting a business. 

[Image changes to show male holding wine bottle and pointing to label]

However a trade mark is the most valuable because it proves ownership over your brand and your brand is what customers use to identify your products.

[Image changes to show graphic of clothing with text: Designs.  Screen changes to show female speaking next to graphic with text: 20 years underneath]

A registered design is a bit like a patent but lasts only up to ten years. 

[Image changes to show graphic of a piece of clothing with text: 10 years.  Graphic changes to images of clothing manufacture]

Where patents protect how a product works a registered design protects how it looks.  A design must be distinctive where customers can notice the difference in how your product looks.  Like patents it has to be completely new. 

[Image changes back to close up of female speaking]

Keep your design a secret if you want to apply for protection.

[Image changes to show graphic of writing below text: Copyright.  Screen changes to male speaking next to graphic of computer screen with female standing inside]

Male:  Designs protect industrially manufactured products, but what about the original plans for that product.  That’s where copyright comes in. 

[Image changes to show close up of male speaking with words appearing beside him]

Copyright protects original creative work such as drawings, books, art, drama, music, software and audio-visual recordings. 

[Image changes to show graphic of Scrabble tiles with text: Automatic Right, and a headstone with the word 70+ years]

Copyright is an automatic right that lasts for 70 years after the death of the creator.

[Image changes to show female and male walking into shot holding books]

Female:  You don’t need to register your copyright with any government agency.

Male:  As with other IP of fixed length like patents and designs once copyright expires no-one owns it.

Female:  And anyone can freely copy it.

[Screen shows words IP is your business appearing above logo and www.ipaustralia.gov.au]

Male:  Visit IPAustralia.gov.au for more information.

[Screen shows Australian Government IP Australia logo]

Last updated: 
Wednesday, April 6, 2016