Intellectual Property

Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Patents, Designs, Trademarks and Copyrights are legally classified as Intellectual Property Rights.

A patent is a set of exclusive rights granted by a state to the inventor for a fixed period of time in exchange for the regulated, public disclosure of certain details of the invention which could be a device, method, process or composition of matter which is new, inventive, and useful or industrially applicable. In Australia, an inventor can apply for a patent by filing the necessary application with the Patent Office.

Patents Act 1990 gives the patent owner the exclusive right to commercially exploit the invention (any device, substance, method or process which is "new, inventive and useful") for the life of the patent. To practice as a Patent Lawyer, one must be registered under Section 198 of the Patents Act.

A design is the overall appearance of a product. Designs Act 1906 protects the shape or appearance of manufactured goods for industrial or commercial use.  Application must be made to the Designs Office. 

Plant Breeder's Rights are exclusive commercial rights to a registered variety. Plant Variety Rights Act 1987 and Plant Breeder's Rights Act 1994 provide exclusive commercial rights to market a new variety of plant or its reproductive material.  Applications must be made to Plant Breeder's Rights Office.

A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Application must be made to Trademarks Office. It is not necessary to be registered to practice in trade marks. However, there is a Register of Trade Marks Attorneys. Only those on the Register are entitled to call themselves a 'trade marks attorney' or 'trade marks agent', and to enjoy the rights such as professional privilege.

All applications made to the different offices must be accompanies by the respective fees.
The Copyright Act 1968 governs the law of Copyright in Australia. Copyright is a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. There is no system of registration for copyright protection in Australia. There is no need to publish the work, to put a copyright notice on it, or to do anything else to be covered by copyright. The protection is free and automatic. There are no forms to fill in, and there are no fees to be paid.