Glossary of Terms

Patent and trade mark attorneys are experienced professionals who can assist clients to protect and exploit their IP rights.

 

A business name is a name under which a business operates. Business name registration provides a means of identifying the owners of the business and is obtained under state or territory legislation. Registration of a business name does not provide proprietary rights.

 

A company is the name given to a corporate entity incorporated within the Commonwealth of Australia. This may not necessarily be the business name that the company trades under. An entity may trade under its company name without having a registered business name.

 

Information and materials of commercial or personal value kept secret from the general public.

 

Copyright protects the original expression of ideas, not the ideas themselves. It comes into existence automatically and gives you the right to control and exploit the copying of your original works of art, literature, music, films, broadcasts and computer programs for a period of 70 years. The copyright notice Ó generally indicates that the work is protected and identifies the copyright owner, although it is not necessary to display this notice for copyright to subsist.

 

Design registration protects the way manufactured products look. Design refers to the features of shape, configuration, pattern or ornamentation.

A domain name is the unique name that corresponds with an internet protocol address. It is often easy and intuitive to remember. For example, IP Australia’s domain name is www.ipaustralia.gov.au

 

Infringement occurs when someone consciously or inadvertently uses IP without permission.

 

An innovation patent is a form of protection available in Australia for comparatively minor innovations and improvements. Protection is available for up to eight years. For suitable subject matter, innovation patents require only novelty and an innovation step to be valid.

 

Intellectual property is property generated through intellectual or creative activity. Types of IP include patents, trade marks, designs, confidential information, trade secrets, copyright, circuit layout rights and plant breeder’s rights.

 

The right to prevent use by others of your intellectual property, e.g. patents, designs, copyright, trade marks, circuit layout rights, plant varieties or confidential information.

 

An exclusive right to exploit an invention commercially, granted for a limited term in return for public disclosure of the invention.

 

Plant breeder’s rights are used to protect new varieties of plants by giving exclusive commercial rights to market a new variety or its associated reproductive material.

 

A priority date is a concept in IP law whereby the first to take a particular action is entitled to a right that excludes others who may have innovated later. For example, in most countries, if two people apply independently for a patent on the same invention, the earlier application has priority and so can prevent the second succeeding. Also public disclosures made before the priority date are relevant for determining whether an invention is new and inventive for patents and new and distinctive designs.

 

A trade mark is a sign used commercially to distinguish goods and services of one trader from those of another. It can be letters, numbers, words, colours, a phrase, sound, scent, logo, shape, picture, aspect of packaging or any combination of these. A registered trade mark gives the owner the exclusive right to use, license or sell it within Australia (and any other country in which it is registered) for the goods and services for which it is registered. The Ò symbol can be applied to registered trade marks. The TM symbol can be used for unregistered trade marks.

 

Information known to a trader and kept out of the public domain for business advantage. The law protects against damage done to a business through unauthorised disclosure of trade secrets, but not against independent discovery of the trade secret.