This transcript is for the video IP Know What You Don't Know.
[Music plays and Australian Government IP Australia logo appears on screen with text: Australian Government IP Australia]
[Text appears on screen: IP is your business. Various logos appear below with text: P; TM; D; PBR]
[Image changes to show a man and a woman standing together, the camera is zoomed out on them making them appear small]
Male: So you know a bit about intellectual property.
[Text appears: 1. Patents for Inventions. 2. Trademarks for Brands]
[Image changes to show the camera zooming in on the man and the woman, making them appear large]
How small business people become big business people by protecting their innovations through six different types of IP.
[Text appears: 3. Designs for how a Product Looks. 4. Plant Breeders Rights. 5. Copyright for Creative Works like Books, Music and Art. 6. Circuit Layout Rights.]
[Image changes back to show the man and woman]
Female: But knowing a little bit can be dangerous. To avoid simple, costly and irreversible mistakes you need to know what you don’t know.
[Image changes to show the man standing and looking through binoculars]
Male: Before you create a new trademark or invention or design you may not know what’s already out there. There’s no point reinventing the wheel, or creating a trademark that someone else owns.
[Image shows the Trademark symbol on screen and then moves back to show the male]
You might find yourself in court or having to remove your advertising and website. It happens all the time especially where business names are confused with registered trademarks. That’s why searching is so important and it applies to any IP right.
[Image changes to show the woman standing with a handheld device]
Female: Start by looking on the internet. Does anyone in your industry have a similar brand, invention or design to yours?
[Image changes to show an animated world globe rotating on screen next to the woman]
If you want to be really safe you’ll also need to search IP databases, either here in Australia or all over the world, if it’s an invention or design, or if you want trademark protection in other countries.
[Image changes to show the woman wearing a long white coat and putting reading glasses on. She pulls a light globe from her pocket and then dresses in Judge Apparel, including wig and black robe to symbolise what she is talking about below]
But properly searching these databases is not like searching the web, it requires expert skills, a good grasp on technology and also how the courts interpret your particular IP. These are skills that take months or even years to develop. IP databases are open for the general public to use; however, there may be better ways to invest your time.
[Image shows the same woman standing side by side, the one dressed as a Judge still talking and the other looking through binoculars]
So while searching before you innovate is important, you should seriously consider professional help. That’s where an Attorney or Examiner probably knows something you don’t know.
[Image has changed back to the male]
Male: So what’s the difference between an Attorney and an Examiner? - and what do you get for your money
[Image shows the man retrieving something from his coat pocket]
Examiners assess your application, whether it be a Trademark, a Patent, a Design or a Plant Breeders Right. To make sure it meets its legal requirements.
[Image shows the symbols representing each of the applications discussed above appear on screen P; TM; D; PBR]
[Image changes to show the man in protective clothing, including high visibility vest and hard hat]
These requirements protect the public interest. Of course, there are many directions you could take your IP.
[Images changes to show sketched symbols appear on screen next to the man]
Attorneys can help you navigate depending on where you want your business to go. Examiners cannot give you business advice, they simply administer the rules, making it fair for everyone, including your competitors and customers.
[Image has changed back to the female]
Female: So to summarise, what are the simple things you need to do before you start a business or develop a new product.
[Image changes to show sketched symbols relating to what the female is saying appear on screen]
Search the internet for what’s already out there. Also, see what business names and domain names are available. It’s handy to match them with your trademark. Search the IP databases for trademarks, designs, patents and plant breeder’s rights – whatever’s relevant. If it’s too hard then consider getting a professional to search for you.
[Image changes to show an animated picture of Australia on screen]
If you only want trademark protection in Australia you can use an Examiner to do the search for about the same price as calling a plumber.
[Text appears on screen: Consider TM Headstart]
TM Headstart is a great service to get a rough idea if your trademark can be registered in Australia. Or, see a Trademark Attorney who can search across many different countries.
[Image changes back to show the man and a woman standing together]
Male: And remember, an Attorney can give you advice in line with your business goals. Having the freedom to operate before you start trading is much better for your piece of mind.
[Image changes to show the man and woman walking out of view]
Visit www.ipaustralia.gov.au for more information.
[Text appears on screen: IP is your business. Various logos appear below with text: P; TM; D; PBR. www.ipaustralia.gov.au ]
[Australian Government IP Australia logo appears on screen with text: Australian Government IP Australia]