What is Intellectual Property (IP)

VDIS10025 Intellectual Property and Design

What is Intellectual Property VDIS10025 Intellectual Property and Design

Are these two sofas too similar..? Within this subject VDIS10025 Intellectual Property and Design we will discuss and consider such issues. So often student designers submit work containing images downloaded from the web which are owned by others, so often we see two products almost identical such as these two sofas above and so often are Interior Designers offered replica products. What are the legal parameters and also what are the opportunities to create assets for our clients by "inventing" Intellectual Property. This subject will be taught in the context of Australian law. International treaties in IP are common and most countries have similar laws.

What is Intellectual Property VDIS10025 Intellectual Property and Design

-  IP is the common acronym for ’Intellectual Property'.

Understanding IP is important to protecting unique ideas. -  IP rights are created as an incentive to encourage and reward

innovation in business. -  Understand the values and attributes of an IP right and the

business can benefit. -  IP rights are most commonly considered to be: Patents,

Trademarks, Design registrations and Plant Breeders Rights. -  Other IP includes Copyright, Business Names, Company Names,

Circuit Layout Rights and Domain names.

What is Intellectual Property VDIS10025 Intellectual Property and Design

There are many ways you can protect a company or an organisation’s IP, mostly through registration of one type or another. Businesses need to make sure they get the right advice about registering their IP. IP rights establish ownership and rights to use Intellectual Property. Business needs to understand how to document the ownership of their IP and how to protect their IP rights.

What is Intellectual Property VDIS10025 Intellectual Property and Design

Designers are amongst the greatest creators of IP. Designers create valuable business assets through: Architecture, Graphic, Interior, Industrial and Fashion Design and the design industry and designers should also understand how to protect their creative output. There are many case studies that are a fascinating way to understand IP and how IP applies to any business or organisation.

Many important and interesting case studies can be found on: http://www.ipaustralia.gov.au/

What is Intellectual Property VDIS10025 Intellectual Property and Design

-  Patent: A patent is a right that is granted for any device, substance,

method or process that is new, inventive, and useful. -  Trade Mark: A Trade Mark distinguishes the goods and services of a

business or organisation from those of another. A Trade Mark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging or brand.

-  Design registration: A Design refers to the features of shape, configuration, pattern or ornamentation which gives a product a unique appearance, and must be new and distinctive.

-  Plant Breeders Rights: Plant Breeder's Rights (PBR) are used to protect new varieties of plants that are distinct, uniform and stable.

What is Intellectual Property VDIS10025 Intellectual Property and Design

-  Copyright: Copyright protection is free and automatic in Australia and many other countries and protects the original expression of ideas, and not the ideas themselves. Common works protected by copyright are: books, films, music, sound recordings, newspapers, magazines, and artwork. Copyright also protects originally created: typographical arrangements, databases, media broadcasts, computer programs, compositions of other people's work such as academic journals or CD compilations

-  Confidentiality/Trade secrets: A confidentiality agreement is used to stop individuals and organisations from revealing secret knowledge gained during and after their employment or association with a business or organisation.

What is Intellectual Property VDIS10025 Intellectual Property and Design

-  Circuit Layout Rights: Circuit layout rights, based on copyright law

principles, automatically protect original layout designs for integrated circuits and computer chips. These rights are a separate, unique form of protection. Circuit layouts are the layout designs or plans (topographies) of integrated circuits used in electronic equipment.

-  Company name: Also called a registrable body. You must register a company name with the Australian Securities and Investment Commission (ASIC) when the company is incorporated. If you wish to trade using a name other than your registered company name, you must register that trading name as a business name. Unlike trade marks, company names do not necessarily provide protection as IP.

What is Intellectual Property VDIS10025 Intellectual Property and Design

-  Business name: A business name is the name under which your

business operates. Registration identifies the owners of the business and is compulsory in every state and territory from which a business operates, and must be completed before the business starts trading. Unlike trade marks, business names do not provide proprietary rights for the use of the trading name.

-  Domain Name: A domain name is your unique online address on the internet and can be used for websites and email,

ie: virtudesigninstitute.com

!HISTORICAL BACKGROUND Prior to the federation of Australia in 1901, there was individual state legislation for patents and trade marks. It was possible then to seek patent protection in, say, New South Wales, but not seek protection in Victoria. The Australian federal constitution makes specific reference to patents, trade marks and copyright and therefore this field of law (industrial property IP, now generally called intellectual property) is the responsibility of the Commonwealth rather than of the States, The first Commonwealth Patents Act was passed in 1903 and the first Commonwealth Trade Marks Act was passed in 1905.

What is Intellectual Property VDIS10025 Intellectual Property and Design

The 13 February 2014 marked the 110th birthday of IP Australia which began its life as the Patent Office in Melbourne after the control of patents was formally moved from the States to the Commonwealth. IP Australia comprises the Patent Office, Trade Marks Office and Designs Office in Canberra is the authority which registers patents, trade marks and designs in Australia. Legislation in this field is entirely Federal. Plant Breeder's Rights are administered by the Plant Breeder's Rights Office within the Federal Department of Agriculture. Registration of business names is still controlled by the Australian States and Territories. Australia is a member of various International Conventions which deal with patents, trade marks, designs, copyright and plant variety rights. Australian inventions, trade marks, designs and plant varieties can also be protected abroad.

What is Intellectual Property VDIS10025 Intellectual Property and Design

Patent attorneys often (most often) assist clients with the complicated application process for patents, trade marks, business names, designs, plant variety rights and to a limited extent, copyright. Patent attorneys are also important in the protection of a businesses IP through legal process.

What is Intellectual Property VDIS10025 Intellectual Property and Design

WEEK 1 – Mini Project 1 Your mini project is to take the first step in assessment Task 1 by identifying the company or organisation you wish to use as the subject of your project. Write 250 words as to why you have chosen this company and/or organisation and provide 4 illustrations of it’s IP. This project is due at the end of week 1 – 14th April 2014.

What is Intellectual Property VDIS10025 Intellectual Property and Design

What is Intellectual Property (IP)

VDIS10025 Intellectual Property and Design