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A guide to Intellectual Property for Australia’s Industrial Designers

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  • A guide toIntellectual Property

    for AustraliasIndustrial Designers

  • 2 3

    FOREWORDMAKE YOUR DESIGN SKILLS BUSINESS READY

    Design is a capability that transforms products and services to improve their functionality, effi ciency and style. It is a fundamental building block of innovation, a critical enabler of competitive industries and vital to building liveable, sustainable and cohesive communities.

    Since 2003, the number of industrial design consultancies in Victoria has grown by 41 per cent with approximately 22,000 industrial designers employed by the sector in Victoria.

    Design Victoria is pleased to partner with IP Australia and DIA to produce the fi rst in a series of Design Victoria How To Kits, A Guide to Intellectual Property for Australias Industrial Designers.

    Design Victorias Business Ready program empowers designers with the skills and knowledge to grow their business and build their competitiveness to better engage with local and international industries. Through this free practical guide, industrial designers are provided with valuable information to assist in understanding intellectual property issues.

    I would like to thank and acknowledge this publications Working Group, lead by Kara Macleod and IP Australia, for their valuable contribution. The groups diverse and collective expertise and knowledge has contributed to this informative publication a practical and relevant resource for all industrial designers to protect their design skills and creativity.

    Michele AzzopardiGeneral Manager, Design Victoria

    CREDITS WORKING GROUP

    Trevor Choy, Choy LawyersJarmal Richard, jdrlegalJim Antonopoulos, TANK Studio and AGDAVito Tassone, Creative Head and AGDASteve Martinuzzo, Cobalt Niche and DIA

    DESIGN

    Studio Round

    ABOUT DESIGN VICTORIADesign Victoria is a $15 million Victorian Government initiative to drive design excellence, create a more globally competitive design sector and encourage the design-led growth of Victorian industries. Design Victoria collaborates with major industry associations and bodies representing business, manufacturing and design sectors to deliver tailored seminars and workshops to increase industrys competitiveness, innovation and export performance. For more information, visit www.designvic.com

    ABOUT IP AUSTRALIAIP Australia is the Australian Government agency responsible for administering patent, design, trade mark and plant breeders rights. By granting these rights, and contributing to the improvement of Australian and international IP systems, IP Australia is supporting Australias economic development.For more information, visit www.ipaustralia.gov.au

    ABOUT DIA The Design Institute of Australia (DIA) is Australias professional membership body representing professional designers in Australia. It is Australias only multi-disciplinary organisation of professional designers, representing all disciplines of design. The institute ensures that design professionals have a voice in government and industry. It also provides designers with support, networking opportunities, services and information to improve professional practice. For more information, visit www.design.org.au

    Contents

    This information guide is designed to help you understand intellectual property issues. You should not regard this publication as an authoritative statement on the relevant laws and procedures. You should also note that the requirements and fees may change from time to time. While we make every effort to ensure the information presented is accurate, you should check

    the IP Australia website before making an application. While we cant give you advice about your particular circumstances, we can provide general information and answer questions about our processes and fees. IP related advice is best sought from a registered patent or trade marks attorney or an experienced IP professional. 2008 State Government of Victoria.

    DISCLAIMER

    04 What is IP to me?

    06 Get to know your IP

    08 Designs

    14 Copyright

    16 Patents

    20 Trade marks

    24 Is it mine or is it yours?

    26 Mind, manufacture, market

    29 Enforcement

    31 End to end checklist

    32 Useful contacts

    33 Key terms

  • 4 5

    Industrial designers, including those Industrial designers, including those in design, production, architecture, in design, production, architecture, manufacturing and engineering, manufacturing and engineering, are at the cutting edge of Australias are at the cutting edge of Australias consumer industries. consumer industries.

    Former national president of the Former national president of the Design Institute of Australia (DIA), Design Institute of Australia (DIA), David Robertson, estimates that in David Robertson, estimates that in 2007, there were about 390 industrial 2007, there were about 390 industrial and product design businesses and product design businesses in Australia. Industry Capability in Australia. Industry Capability Network fi gures show that in 2005, Network fi gures show that in 2005, the manufacturing sector in Australia the manufacturing sector in Australia accounted for 10.9 per cent of gross accounted for 10.9 per cent of gross domestic product and provided domestic product and provided 10.6 per cent of Australian jobs.10.6 per cent of Australian jobs.

    Intellectual property, Intellectual property, or IP, is a key consideration or IP, is a key consideration for our industry, whether for our industry, whether you are a consultant, you are a consultant, designer-maker, inventor designer-maker, inventor or represent a commercial or represent a commercial company, says the DIAs company, says the DIAs Victorian president, Victorian president, Steve Martinuzzo. Steve Martinuzzo. When you apply your When you apply your mind to creating a new mind to creating a new and distinctive product, and distinctive product, you are also creating IP.you are also creating IP.

    As an industrial designer, your As an industrial designer, your IP could be the look of a new and IP could be the look of a new and distinctive chair or the mechanical distinctive chair or the mechanical structure that forms the working structure that forms the working of that chair. Each of these creations of that chair. Each of these creations may have value, which can be may have value, which can be protected with IP rights. protected with IP rights.

    Being IP aware means being awareBeing IP aware means being awareof and protecting your IP assetsof and protecting your IP assetsas you would your other businessas you would your other businessassets. Protecting your IP stopsassets. Protecting your IP stopsothers from profi ting from yourothers from profi ting from yourwork. Having IP rights is similar work. Having IP rights is similar to putting an electric fence around to putting an electric fence around your property as this both protects your property as this both protects your assets and deters others your assets and deters others from trespassing.from trespassing.

    This guide will help you understand This guide will help you understand the different types of IP protection the different types of IP protection available to you, and will help you available to you, and will help you identify the ones that will be best for identify the ones that will be best for your circumstances. The information your circumstances. The information contained in this guide will also help contained in this guide will also help you decide the best way for you to you decide the best way for you to manage and benefi t from your IP.manage and benefi t from your IP.

    What isIP to me?

    When you apply your mind to creating a new and distinctive product, you are also creating IP.Steve Martinuzzo, President, DIA Victoria

  • 6 7

    Industrial designers have a number of options to choose from when considering the best protection for their creative work.

    For example, when a designer creates a sketch, it is automatically protected by copyright. If that sketch becomes a logo, which is used in a commercial context, it can be registered as a trade mark. If the sketch is developedinto a product, then it can become a registered design.

    Keep in mind that you can also register more than one IP right at a time.

    Think about what it is about your product or invention you want protected. Is it the visual appearance of the design? Or the way it functions? Perhaps its both.

    IP rights are like different tools in a toolbox each right has different features and uses, and is suited to different circumstances and objectives.

    Selecting the most appropriate IP right, like selecting the best tool, is crucial to achieving the best outcomes.Owen Gee, Patent Attorney, Shelston IP

    Get to know your IP

    / ____No.

    / ____No.

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  • 8 9

    Designs Should I register?Should I register? Registering your Registering your design is a commercial decision that design is a commercial decision that only you can make. Factors that may only you can make. Factors that may infl uence your decision include the infl uence your decision include the potential profi tability of the market, potential profi tability of the market, market size, competitor reaction, market size, competitor reaction, your ability to enforce your design your ability to enforce your design and potential buyers or licensees and potential buyers or licensees of your new design.of your new design.

    Benefi ts: Benefi ts: A registered design can be A registered design can be a really valuable commercial asset that a really valuable commercial asset that can grow in value. Registration stops can grow in value. Registration stops others from using and profi ting from others from using and profi ting from your design without your permission.your design without your permission.

    If you own a registered design, you If you own a registered design, you have the right to enforce your design have the right to enforce your design once it has been examined and once it has been examined and a certifi cate of examination issued. a certifi cate of examination issued. If another person uses your registered If another person uses your registered design without your permission, you design without your permission, you can sue for infringement.can sue for infringement.

    As the registered owner of a design, As the registered owner of a design, you have:you have: the exclusive right to use the the exclusive right to use the design specifi ed in your registration design specifi ed in your registration the exclusive right to authorise the exclusive right to authorise other people to use your design other people to use your design as specifi ed in the registration as specifi ed in the registration (normally through a licensing deal) (normally through a licensing deal) a design that is your personal a design that is your personal property which can grow in value property which can grow in value and be sold and be sold a registration that is valid across a registration that is valid across Australia Australia the right to take action to stop the right to take action to stop other people using your design other people using your design after certifi cation. after certifi cation.

    Registration process: Registration process: Whether you Whether you decide to register your design or not, decide to register your design or not, its worth searching the Australian its worth searching the Australian Designs Database to make sure youre Designs Database to make sure youre not going to infringe the rights of not going to infringe the rights of owners of similar designs. Patent owners of similar designs. Patent attorneys and professional fi rms attorneys and professional fi rms can help do a thorough search and can help do a thorough search and interpret the results.interpret the results.

    IP Australia has a plain English IP Australia has a plain English application kit to help you through application kit to help you through the registration process. The two-page the registration process. The two-page application asks for details such as your application asks for details such as your name, address and product name. The name, address and product name. The design needs to be represented clearly design needs to be represented clearly in either a drawing or photograph. in either a drawing or photograph.

    Visit www.ipaustralia.gov.au Visit www.ipaustralia.gov.au to download a copy.to download a copy.

    Costs and maintenance: Costs and maintenance: The minimum fee to start an The minimum fee to start an application is $200application is $200*. Once registered, . Once registered, no further costs are required until no further costs are required until renewal (unless examination is renewal (unless examination is requested). The cost for renewal requested). The cost for renewal is $275is $275*. .

    Terms of protection: Terms of protection: Registration Registration protects your design for fi ve years protects your design for fi ve years from the date the application was from the date the application was fi led. Registration can then be fi led. Registration can then be renewed for a further fi ve years up renewed for a further fi ve years up to the maximum term of 10 years. to the maximum term of 10 years. If you dont renew your registration If you dont renew your registration it will cease. You cant make an it will cease. You cant make an application to re-register the application to re-register the same design.same design.

    If youre an industrial designer, you already know how much time and effort goes into developing your concepts and products. So you should consider the value of design registration to the output of your hard work.

    IP RIGHT: DESIGNS

    Defi nition: The overall appearance of a product. The visual features that form the design include the shape, confi guration, pattern and ornamentation.

    Filing overseasFiling overseasINDUSTRY TIPINDUSTRY TIPBefore filing an application for Before filing an application for registration in any country (even registration in any country (even Australia), its important to Australia), its important to consider your market, your ability consider your market, your ability to effectively exploit your design, to effectively exploit your design, the benefits of protection and the the benefits of protection and the strength of your rights in these strength of your rights in these jurisdictions. jurisdictions. Australian design registration Australian design registration provides protection within provides protection within Australia, so if youre planning Australia, so if youre planning to take on the world with your to take on the world with your product designs, youll also product designs, youll also need to apply for design need to apply for design registration in those countries. registration in those countries. Australia belongs to an Australia belongs to an international treaty called the international treaty called the Paris Convention, which can Paris Convention, which can make the process easier.make the process easier.For more information For more information visit www.ipaustralia.gov.visit www.ipaustralia.gov.au/designs/international_au/designs/international_considerations.shtmlconsiderations.shtml

    KNOGKNOGCASE STUDYCASE STUDYAustralian bike gear company Australian bike gear company KNOG distributes around the KNOG distributes around the world, including Germany, world, including Germany, Sweden, United Kingdom, Sweden, United Kingdom, Denmark, Norway and Poland. Denmark, Norway and Poland. Its famous designs are protected Its famous designs are protected in these countries with IP in these countries with IP rights, including the Gator, rights, including the Gator, a high-powered bike headlight.a high-powered bike headlight.For our emerging and hot For our emerging and hot Australian cycling brand KNOG Australian cycling brand KNOG it has been crucial (albeit it has been crucial (albeit expensive and complex) to expensive and complex) to establish strong International establish strong International IP protection for our products. IP protection for our products. As market innovators our As market innovators our proprietary designed cycle proprietary designed cycle accessories are frequently and accessories are frequently and increasingly copied. In markets increasingly copied. In markets where we have IP protection where we have IP protection we can protect our interests, we can protect our interests, in markets where we do not in markets where we do not have an IP strategy money have an IP strategy money walks out the door.walks out the door.Mike Lelliott, Mike Lelliott, KNOG Brand ManagerKNOG Brand Manager

    Classic Australian designsThe Weber kettle shape BBQ, Ken Dones designs for bed linen, the Albion cricket helmet are all examples of well-known and classic Australian designs that have design registration.

    Claim your registrationINDUSTRY TIPYou may notice many products have the text Regd. design followed by some numbers. This indicates that the design owner has registered their design and acts as a warning to would be copy cats! Beware; its an offence to claim your design is registered if it isnt.

    The publicity trap

    Be aware of the publicity trap. If youve publicly disclosed your design before applying for registration you may have lost your ability to protect it. This is because a design has to be new to be registered. If its been publicly disclosed, its no longer new.For example, a Sydney furniture company took a rival Melbourne

    furniture company to court forinfringement on one of theirchair designs. But the Sydneycompany ended up having itsregistered design revoked after it was revealed their chair had been exhibited at a trade fair before the design was registeredIf you dont intend to register your design, public disclosure can be a strategic move to prevent

    others from obtaining registration of a similar design. So, while this doesnt give you any rights to the design, it does prevent others from obtaining registration. IP Australia has a formal publication option available for those wanting to pursue this strategy. Visit www.ipaustralia.gov.au

    INDUSTRY TIP

    *Fees correct at time of publication. For updated *Fees correct at time of publication. For updated fees visit www.ipaustralia.gov.aufees visit www.ipaustralia.gov.au

  • 10 1110

    APPLICATIONFILED

    MINIMUM FILING REQUIREMENTS ASSESSED

    Applicant requests registration?

    REGISTRATION FORMALITIES ASSESSED

    Application meets formalities requirements?

    APPLICATION REGISTERED AND ADVERTISED

    Examination requested? (owner or third party)

    APPLICATION LAPSED OR REFUSED

    APPLICATION PUBLISHED

    APPLICATION LAPSED OR REFUSED

    DESIGN EXAMINED

    Design passes examination?

    CERTIFICATE OF EXAMINATION

    ISSUED

    DESIGN CEASES 10 YEARS FROM FILING DATE

    DESIGN REVOKED OR CEASED

    DESIGN CEASES FIVE YEARS FROM FILING DATE

    FORMALITIES ASSESSED

    Application meets formalities requirements?

    APPLICATION / DESIGN LAPSED, EXCLUDED, WITHDRAWN

    Applicant requests publication?

    YES

    NO

    YES

    NO

    YES

    NO

    YES

    NO

    YES

    NO

    YES

    NO

    YES

    NO

    Design renewed?

    APPLICATION

  • 12 13

    Breville invests both time and money into knowing its customers, which allows the portable appliance company to design lines that cater for the varied tastes and needs of its customers both in Australia and overseas.

    IDEAS BY DESIGN

    We know how much time and effort and money people are putting into getting their kitchen just right. We want to put the same amount of effort into getting their portable appliances right, Mr Hoare says. The modern kitchen is about European simplicity.Less is more.

    We noticed a lot of small appliances dont follow that way of thinking. They have a lot of form in them, like a sculpture. Many people dont want their toaster or kettle to stand out, because theyre making their statement with the kitchen itself.

    PROTECTING YOUR CREATIVITY

    This kind of research and investment in a product requires some kind of insurance, and Breville has always been careful to protect its products with a combination of IP rights, such as design, patent and trade mark protection.

    The return on investment comes through market share. If we didnt protect our unique designs then quite quickly someone would copy that product and undermine our investment, says Mr Hoare. He believes having design protection also gives Breville extra security when using external manufacturers.

    If the contract changes hands or there is a dispute, the design remains protected and Brevilles products cannot be supplied to a competitor.

    Breville also takes intellectual property protection into account when exporting products overseas to countries such as America.

    One of Australias leading appliance manufacturers shows how it has protected its product research and development with a combination of IP rights, including design, patent and trade mark registrations.

    Intellectual property protection is like an insurance policy for your creative ideas. Its also a valuable commercial investment. Richard Hoare, Design Director, Breville

    Case Study:

    Breville uses IP to become the toast of the town

    C OMPANY N AME:

    E STABLISHED:I NDUSTRY:

    N ET W ORTH:

  • 14 1515

    Copyright protection is free and Copyright protection is free and automatic under the Copyright automatic under the Copyright Act 1968. While many aspects of Act 1968. While many aspects of intellectual property are not covered intellectual property are not covered under copyright (such as names), under copyright (such as names), two and three-dimensional artistic two and three-dimensional artistic works are covered, including still works are covered, including still images, engineering drawings, images, engineering drawings, sculptures, computer programs, sculptures, computer programs, maps, plans and photographs, many maps, plans and photographs, many of which are the tools of industrial of which are the tools of industrial design and foundations for industrial design and foundations for industrial design products.design products.

    Copyright doesnt protect ideas Copyright doesnt protect ideas or concepts. That means the resultsor concepts. That means the resultsof any preliminary brainstormingof any preliminary brainstormingsessions or discussions about a newsessions or discussions about a newproduct idea cant be protected under product idea cant be protected under copy right. As soon as these ideas are copy right. As soon as these ideas are committed to a sketch or pattern committed to a sketch or pattern however, protection is afforded under however, protection is afforded under copyright without the drawings copyright without the drawings having to be registered.having to be registered.

    IP RIGHT: COPYRIGHT

    Defi nition: Copyright protects a Copyright protects a variety of artistic and design works. variety of artistic and design works. It is not the concept of the work, It is not the concept of the work, but its expression that is protected but its expression that is protected by copyright law. Copyright does by copyright law. Copyright does not protect ideas, information, styles not protect ideas, information, styles or techniques.or techniques.

    Should I register? You dont need You dont need to go through a formal registration to go through a formal registration process. An original artistic work process. An original artistic work is automatically protected as soon is automatically protected as soon as it is created. For more information as it is created. For more information visit the Australian Copyright visit the Australian Copyright Council at www.copyright.org.auCouncil at www.copyright.org.au

    Costs and maintenance: Copyright is free.Copyright is free.

    Terms of protection: The term The term of protection usually lasts throughout of protection usually lasts throughout the life of the creator of the work the life of the creator of the work plus an extra 70 years.plus an extra 70 years.

    Example: The Melbourne Gateway, The Melbourne Gateway, a steel art installation on the a steel art installation on the Tullamarine Freeway, is protected Tullamarine Freeway, is protected by copyright. It was designed by by copyright. It was designed by architects Denton Corker Marshall architects Denton Corker Marshall as an abstract interpretation of a city as an abstract interpretation of a city gate. Because it hasnt been mass gate. Because it hasnt been mass produced, copyright is the most fi tting produced, copyright is the most fi tting form of protection for this structure.form of protection for this structure.

    Copyright International International copyrightcopyrightINDUSTRY TIPINDUSTRY TIPCopyright laws differ from country Copyright laws differ from country to country, however Australia is to country, however Australia is party to a number of treaties that party to a number of treaties that increase the copyright protection increase the copyright protection of Australian works. The majority of Australian works. The majority of treaties require parties to give of treaties require parties to give national treatment, which means national treatment, which means Australian works are protected Australian works are protected by copyright in member countries.by copyright in member countries.Countries that grant copyright Countries that grant copyright protection to Australian material protection to Australian material under international treaties under international treaties include Canada, China, France, include Canada, China, France, Germany, Hong Kong, Indonesia, Germany, Hong Kong, Indonesia, Japan, South Korea, Malaysia, Japan, South Korea, Malaysia, New Zealand, Singapore, the New Zealand, Singapore, the United Kingdom and the United United Kingdom and the United States. For more information, States. For more information, visit www.copyright.org.auvisit www.copyright.org.au

    Its not necessary to put the copyright notice on your work, but it does warn others that you take your IP seriously. The copyright notice is the symbol followed by the name of the copyright owner and the year the work was created or first published. For example, John Smith 2008.

    Copyright protects 3D designs that are artistic. To avoid overlap with registered designs, most 3D designs that are mass-produced have very limited copyright rights.This means that if you have created a 3D design for industrial purposes you will usually need to register it as a design in order to receive protection.

    3D designs that have been registered have minimal copyright protection, even if they are an artistic one-off.

    Put others on notice

    Register your 3D designs

    INDUSTRY TIP INDUSTRY TIP

    Put others Register you

    / ____No.

  • 16

    Patents

    If youve invented a new product or process, you should consider a patent.

    Patents can protect how a product works or functions regardless of how it looks. For a new invention, patents provide a broad form of protection.

    International patents

    An Australian patent provides protection only within Australia. If you want to apply for a patent in other countries, you generally have two choices:1.You can file separate patent applications in each country. This can be cost effective when you file in only a few countries.

    2.You can file a single international application. This is done under the Patent Cooperation Treaty, which means your application will take effect in all countries that are members of this international treaty (over 120, including Australia).

    Whichever option you choose, you will still end up with separate patent applications in each country.For more information, visit www.ipaustralia.gov.au or www.wipo.int/pct

    INDUSTRY TIP

    1717

    IP RIGHT: PATENTIP RIGHT: PATENT

    Defi nition: Defi nition: A patent is a right granted A patent is a right granted for any device, substance, method for any device, substance, method or process, which is new, inventive or process, which is new, inventive and useful. and useful.

    There are two types of patents in There are two types of patents in Australiaa standard patent, which Australiaa standard patent, which gives long-term protection and gives long-term protection and control over an invention for up control over an invention for up to 20 years, and an innovation patent, to 20 years, and an innovation patent, which is a relatively fast, cost effective which is a relatively fast, cost effective option that lasts a maximum of option that lasts a maximum of eight years. eight years.

    Should I apply?Should I apply? If your industrial If your industrial design is, or contains, a new device, design is, or contains, a new device, substance, method or process, you can substance, method or process, you can apply for a patent. apply for a patent.

    Benefi ts:Benefi ts: Patents give effective Patents give effective protection if you have invented protection if you have invented new technology that will lead new technology that will lead to a product, composition or to a product, composition or process with signifi cant long-term process with signifi cant long-term commercial gain. A patent also gives commercial gain. A patent also gives your inventions longevity, because it your inventions longevity, because it can prevent the market from being can prevent the market from being fl ooded with replicas.fl ooded with replicas.

    Application process: Application process: Before applying Before applying for a patent, youll need to determine for a patent, youll need to determine what has already been patented. what has already been patented. This is called prior art and involves This is called prior art and involves searching the patent database of searching the patent database of everything that has ever been patented everything that has ever been patented in Australia and the world. Searching in Australia and the world. Searching and interpreting the results is and interpreting the results is important, so get professional advice. important, so get professional advice.

    Preparing a patent application Preparing a patent application requires time and special skills, requires time and special skills, so its wise to consult a patent so its wise to consult a patent attorney. They can carry out searches attorney. They can carry out searches of existing inventions and draft of existing inventions and draft your application.your application.

    To fi le a complete application for To fi le a complete application for either a standard or an innovation either a standard or an innovation patent, you must provide a full patent, you must provide a full description of how your invention description of how your invention works. Applications for standard works. Applications for standard patents are examined to ensure patents are examined to ensure they meet the necessary legal they meet the necessary legal requirements for granting a standard requirements for granting a standard patent. Applications for innovation patent. Applications for innovation patents are granted without patents are granted without substantive examination, but must substantive examination, but must be examined and certifi ed before be examined and certifi ed before they can be enforced.they can be enforced.

    Costs and maintenance: Costs and maintenance: The average The average cost of an Australian standard patent, cost of an Australian standard patent, including patent attorney fees, including patent attorney fees, is between $12,000is between $12,000* and $15,000 and $15,000* depending on the complexity depending on the complexity of your application. Maintenance of your application. Maintenance fees over a 20-year term would fees over a 20-year term would be a further $8,000be a further $8,000*.

    Terms of protection: Terms of protection: A standard A standard patent has a maximum term of 20 patent has a maximum term of 20 years. Annual fees are due from the years. Annual fees are due from the fi fth anniversary of the fi ling date.fi fth anniversary of the fi ling date.

    An innovation patent is initially An innovation patent is initially granted for two years. Annual granted for two years. Annual renewal fees are due from then on, renewal fees are due from then on, with a maximum term of eight years.with a maximum term of eight years.

    Examples: Examples: Australias iconic HillsAustralias iconic HillsHoist rotary clothesline, which is sold Hoist rotary clothesline, which is sold throughout Australia, Asia, Europe and throughout Australia, Asia, Europe and North America, was patented in 1956 North America, was patented in 1956 for its unique winding mechanism. for its unique winding mechanism. Dynamic Lifter, a fertiliser made from Dynamic Lifter, a fertiliser made from dried chicken manure, created a real dried chicken manure, created a real stink when it was patented and came stink when it was patented and came onto the market in the 70s. It was onto the market in the 70s. It was developed in New South Wales and developed in New South Wales and is now used worldwide.is now used worldwide.

    Keep it under Keep it under your hatyour hatINDUSTRY TIPINDUSTRY TIPIf you demonstrate, sell or discuss If you demonstrate, sell or discuss your invention in public before your invention in public before filing an application, you can lose filing an application, you can lose your rights to a patent.your rights to a patent.You can talk about your You can talk about your invention with business partners, invention with business partners, employees or advisers, but employees or advisers, but a confidentiality agreement a confidentiality agreement is advisable. Grace periods is advisable. Grace periods apply in 38 countries including apply in 38 countries including Australia. This is to cover some Australia. This is to cover some circumstances in which the circumstances in which the inventor has disclosed their inventor has disclosed their invention without a confidentiality invention without a confidentiality agreement, including disclosure agreement, including disclosure without their consent. A patent without their consent. A patent application must be filed within application must be filed within 12 months of disclosure to claim 12 months of disclosure to claim the grace period.the grace period.

    *Fees correct at time of publication. *Fees correct at time of publication. For updated fees visit www.ipaustralia.gov.auFor updated fees visit www.ipaustralia.gov.au

  • 18 19

    The Cochlear bionic ear implant is a great Australian invention that is used by more than 10,000 hearing impaired and profoundly deaf people worldwide.

    The device was developed over 10 years by a team from the University of Melbourne led by Dr Graeme Clarke. Cochlear Pty Ltd has over 180 patents in seven countries protecting key features of the implant, while the

    University of Melbourne and the Commonwealth also hold patents covering early research, which has been licensed to Cochlear.

    The University and the Commonwealth have earned over $8 million in royalties from their intellectual property.

    Electrical manufacturer Kambrook lost millions of dollars because it failed to protect its electrical power-board invention. When it was released in 1972, the product was hugely successful and was the basis for Kambrooks growth into a major producer of electrical appliances.

    As the product was never patented, Kambrook ended up sharing the market with many other manufacturers, and loosing millions in royalties. Today Kambrook has a number of patents and pending applications for improvements for a range of consumer goods.

    Case Study:

    Get your IP strategy right from the start and reap the fi nancial rewards for years to come

    Case Study:

    Electrical manufacturer Kambrook lost millions of dollars because it failed to protect its electrical power-board invention

    C OMPANY N AME:

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    Y N AME:

    P RODUCT: T::

    The Cochleis a great Auis used by mimpaired apeople w

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  • 20 2121

    IP RIGHT: TRADE MARKIP RIGHT: TRADE MARK

    Defi nition: Defi nition: A trade mark can A trade mark can be logos, words, letters, numbers, be logos, words, letters, numbers, colours, a phrase, sound, scent, shape, colours, a phrase, sound, scent, shape, picture, aspect of packaging or any picture, aspect of packaging or any combination of these. combination of these.

    Should I register?Should I register? A trade mark A trade mark is an integral part of the marketing is an integral part of the marketing strategy for your industrial design. strategy for your industrial design. Registration isnt compulsory, but Registration isnt compulsory, but it is advisable. For example, if another it is advisable. For example, if another trader registers your brand as a trader registers your brand as a trade mark, you could be forced to trade mark, you could be forced to rebrand, wasting precious advertising rebrand, wasting precious advertising dollars and creating confusion for dollars and creating confusion for your regular clients. your regular clients.

    Benefi ts: Benefi ts: The right trade mark can The right trade mark can be an integral part of the marketing be an integral part of the marketing strategy for your goods and services. strategy for your goods and services. The public will identify a certain The public will identify a certain quality and image with goods and quality and image with goods and services bearing your trade mark. services bearing your trade mark. It can become an important means It can become an important means of maintaining goodwill with of maintaining goodwill with your clients and improving your your clients and improving your bottom-line.bottom-line.

    Registration process:Registration process: Before Before settling on a trade mark to register, settling on a trade mark to register, brainstorm a range of names or brainstorm a range of names or logos which you think could be logos which you think could be appropriate. This should always be appropriate. This should always be followed by a thorough search of followed by a thorough search of the trade marks database and similar the trade marks database and similar goods and services already in the goods and services already in the market to ensure that you wont be market to ensure that you wont be infringing any existing trade marks.infringing any existing trade marks.

    IP Australia has a search system called IP Australia has a search system called the Australian Trade Marks Online the Australian Trade Marks Online Search System (ATMOSS) to help Search System (ATMOSS) to help you fi nd out whether your mark you fi nd out whether your mark has already been registered. has already been registered.

    IP Australia also has a service called IP Australia also has a service called TM Headstart to help you identify TM Headstart to help you identify within fi ve days whether or not within fi ve days whether or not your mark is suitable for registration. your mark is suitable for registration. It is simple and fast to use, and can It is simple and fast to use, and can help reduce costs. help reduce costs.

    For more information on For more information on ATMOSS and TM Headstart ATMOSS and TM Headstart visit www.ipaustralia.gov.auvisit www.ipaustralia.gov.au

    Costs and maintenance: Costs and maintenance: From $120 to a few hundred From $120 to a few hundred dollarsdollars* depending on how many depending on how many trade marks are being registered, trade marks are being registered, and how many types of goods and how many types of goods or services are selected.or services are selected.

    The cost for IP Australias TM The cost for IP Australias TM Headstart service begins at $90. Headstart service begins at $90.

    Terms of protection:Terms of protection: A trade mark A trade mark is initially registered for a period of is initially registered for a period of 10 years. It can continue indefi nitely 10 years. It can continue indefi nitely as long as the renewal fees are paid as long as the renewal fees are paid every 10 years, and the mark is used.every 10 years, and the mark is used.

    Examples: Examples: Great Australian products Great Australian products that have been trade marked that have been trade marked include the Sunbeam Mixmaster, include the Sunbeam Mixmaster, the fi rst small electrical appliance the fi rst small electrical appliance manufactured in Australia, and manufactured in Australia, and Holden, which manufactured the fi rst Holden, which manufactured the fi rst all-Australian passenger car in 1948. all-Australian passenger car in 1948. Others include Driza-bone, Mortein, Others include Driza-bone, Mortein, Deep Heat, Bonds and Weetbix.Deep Heat, Bonds and Weetbix.

    How to register: How to register: IP Australia IP Australia has an application kit that can has an application kit that can help you understand the process. help you understand the process. Visit www.ipaustralia.gov.au. Visit www.ipaustralia.gov.au. You can also submit your You can also submit your application online.application online.

    Trade marks

    A trade mark distinguishes the goods and services of one trader, for example, Arnotts, to those of another, such as Westons. A trade mark can become an incredibly valuable asset for a business over time. This is because all the goodwill, reputation and market awareness of your business is represented in your trade mark.

    Suitability for Suitability for registrationregistrationINDUSTRY TIPINDUSTRY TIPA trade mark that describes your A trade mark that describes your goods or services can be difficult goods or services can be difficult to register. Before granting to register. Before granting registration of a trade mark, registration of a trade mark, IP Australia considers whether IP Australia considers whether it is fair to others in the industry. it is fair to others in the industry. A mark that contains or consists A mark that contains or consists of the following could be difficultof the following could be difficultto register:to register: descriptive terms, such as descriptive terms, such as shoe for shoe products shoe for shoe products common surnames and common surnames and geographical place names geographical place names words or phrases that favourably words or phrases that favourably promote goods or services, such promote goods or services, such as best quality as best quality words or phrases common to words or phrases common to trade such as on sale trade such as on sale marks that are identical to, marks that are identical to, or very similar to, earlier filed or very similar to, earlier filed trade marks claimed for trade marks claimed for similar goods or services similar goods or services marks that are scandalous marks that are scandalous or misleading or misleading marks such as ANZAC marks such as ANZAC that are protected by other that are protected by other Australian laws Australian laws marks that are prohibited marks that are prohibited by international treaty by international treaty obligations, such as obligations, such as national flags. national flags.

    Trade mark your trading nameINDUSTRY TIPDont fall into the trap of confusing trade marks with business, company and domain names. Registering a business, company or domain name doesnt give you any proprietary rightsonly a trade mark can give you that kind of protection. So, if you are building a brand under a trading name, you should consider registering it as a trade mark.

    *Fees correct at time of publication. *Fees correct at time of publication. For updated fees visit www.ipaustralia.gov.auFor updated fees visit www.ipaustralia.gov.au

  • 22 2323

    Registering overseasINDUSTRY TIPAustralia is party to the Madrid Protocol, which is an international treaty relating to international registration of trade marks. Under the Madrid Protocol only a single application is required, which can be filed through IP Australia. Protection can be sought in one, some or all of the other member countries.For countries that are not party to the protocol, youll need to apply separately through that countrys trade mark office.For more information, visit www.wipo.int/madrid

    Goods and services are divided into different classes according to an international classification system. There are 45 classes, each covering a range of goods or services such as vehicles and their parts, toys and sporting equipment, and industrial design services.When you apply to register a trade mark, you need to nominate (and

    pay for) at least one class of goods or services in which you want to protect your trade mark. For example, Holden safeguards its automotive parts and its range of clothing merchandise by filing a trade mark in these two different classes. Similarly Coca-Cola has trade marks not just for its beverages, but also for all of its merchandise.

    Consider carefully which class or classes to choose, because you only get coverage for the goods and services nominated in that class. If you want to add more classes later, for example if your business changes, youll need to make a new application.

    Coverage

    INDUSTRY TIP

    n

    pay for) at least one class of goods or services in which you want to protect your trade

    Consider carefully which class or classes to choose, because youonly get coverage for the goods

    WHAT IS PROTECTED

    Drawings, art, literature, music, fi lm, broadcasts, computer programs

    TYPE OF IP PROTECTION

    Copyright

    WHAT IT MEANS

    Product designs

    Design registration

    The visual appearance of a product is protected, but not the way it works

    Logos, words letters, numbers, colours, a phrase, sound, scent, shape, picture, aspect of packaging or any combination of these

    Trade marks A trade mark identifi es the particular goods or services of a trader as distinct from those of other traders

    Inventions and new processes

    Patents A patent protects how an invention works or functions

    The owners original expression of ideas is protected, but not the ideas themselves

    Trade secrets and confi dential information

    Other These types of IP rights give creators certain rights and privileges depending on the type of IP protection

    Coverage

    INDUSTRY TIP

  • 24 25

    WHO OWNS WHAT?

    Owen Gee, a patent attorney with Shelston IP, says that as a general rule, and where there arent any contractual arrangements in place, designers and inventors own the IP they create. This means sole practitioners, such as freelance designers, generally own the designs and inventions they create.

    However, in the case of an industrial or product designer who is an employee of a design fi rm, ownership of the IP usually resides with the employer. In the case of commissioned work, ownership is usually transferred to the organisation that commissioned the design work.

    A TEAM EFFORT

    In many cases, IP is created by more than one person. Unless a contract states otherwise, co-owners of registered IP own an equal share in the rights.

    Many disputes involving IP rights relate to ownership issues, so its always a good idea to document the extent of your contribution to a group project. Log books, diaries, drawings, sketches and notes should be kept, signed and dated.

    There should be a contract in place when dealing commercially with IP, and its important that all parties involved in a design project review the contract terms and ensure thatit is clear who owns any IP that is created.

    Is it mine or is it yours?

    The DIA advises designers to retain IP rights of work completed under their contract with a client. For example, the policy of many product design and development companies is that they remain the author and proprietor of all designs, documents, knowledge, drawings and all other intellectual property they create until full payment is received from the client.

    When the project ends, the client can normally use any resulting designs, patent and design registrations exclusively and without any limitations. Design companies will usually have a policy that all costs and out of pocket expenses involved in the preparation and registration of IP are charged additionally.

    Originals of all artwork, technical drawings, specifications, computer files and all other copyright works also remain the property of many companies, but are made available to clients for copying purposes for a period of three years following the completion of the work.

    Know thy contract conditions

    INDUSTRY TIP

    To enforce your rights, you need to know who owns what. This can be complicated because of the many types of contractual arrangements in place between parties.

  • 26 2727

    CONCEPTCONCEPT

    As part of a tender evaluation process, As part of a tender evaluation process, you may give a potential client you may give a potential client access to not only your concepts, access to not only your concepts, but to your previous portfolio. but to your previous portfolio. During this pre-contract phase During this pre-contract phase its important that you manage its important that you manage the disclosure of IP carefully. the disclosure of IP carefully.

    Many times a tender process is Many times a tender process is deemed to be confi dential, but the deemed to be confi dential, but the terms and conditions of the tender terms and conditions of the tender frequently only protect the clients frequently only protect the clients IP and not the industrial designers.IP and not the industrial designers.

    Some industrial designers have opted Some industrial designers have opted for one of the following options in for one of the following options in managing the disclosure of their IP: managing the disclosure of their IP:

    negotiating into the tender negotiating into the tender terms that the designer retains terms that the designer retains the concepts that have been the concepts that have been generated as a result of participating generated as a result of participating in the tender process in the tender process having a client sign a having a client sign a confi dentiality agreement confi dentiality agreement before the designers IP is before the designers IP is disclosed, which may occur disclosed, which may occur as part of the tender response as part of the tender response process or after the designer process or after the designer has won the tender has won the tender using technology, such as a using technology, such as a secure intranet, to grant the secure intranet, to grant the client confi dential access to view client confi dential access to view and evaluate the industrial and evaluate the industrial designers existing IP, including designers existing IP, including concepts and work related to concepts and work related to a specifi c tender. a specifi c tender.

    Industrial designers who have Industrial designers who have good IP business practices build good IP business practices build a stronger business by restricting a stronger business by restricting access to their IP by outsiders, and access to their IP by outsiders, and by establishing a library of IP that by establishing a library of IP that can be secured, valued and reused can be secured, valued and reused within their business.within their business.

    Clients will want to know that, Clients will want to know that, should you win the tender and should you win the tender and deliver the brief, you have the deliver the brief, you have the freedom to use the concepts youve freedom to use the concepts youve proposed in your tender response, proposed in your tender response, as well as the right to transfer as well as the right to transfer the IP interests in the concepts the IP interests in the concepts to them.to them.

    When an industrial designer wins When an industrial designer wins a tender, its important that the scope a tender, its important that the scope of work, including all aspects of the of work, including all aspects of the design and development process, are design and development process, are worked out and are consistent with worked out and are consistent with the concept development. the concept development.

    This process will generate new This process will generate new IP, which the client will expect IP, which the client will expect to eventually own. to eventually own.

    As an industrial designer, its As an industrial designer, its important for you to identify important for you to identify (and explain to the client) what is (and explain to the client) what is included in your know-how and the included in your know-how and the methods that youll use to create the methods that youll use to create the project designs, but also to make clear project designs, but also to make clear what will not be transferred to the what will not be transferred to the client. This IP is commonly referred client. This IP is commonly referred to as the industrial designers own to as the industrial designers own core/existing IP and is separate core/existing IP and is separate to the new design. The new design to the new design. The new design is considered newly created IP and is considered newly created IP and is what the client will own once is what the client will own once its completed and all professional its completed and all professional fees are paid.fees are paid.

    Mind, Manufacture, Market

    As an industrial designer, its important to understand the elements of IP in each step of the commercialisation process.

    This process involves three key components: concept, manufacture and product to market.

  • 292828

    MANUFACTUREMANUFACTURE

    The manufacturing process The manufacturing process usually begins after the industrial usually begins after the industrial design strategy has been settled. design strategy has been settled. This process invariably involves This process invariably involves granting wider audience access to granting wider audience access to the designs, as well as the industrial the designs, as well as the industrial designers portfolio of know-how designers portfolio of know-how to assess the development process to assess the development process around reviewing and fi nalising around reviewing and fi nalising concepts, concept modelling and concepts, concept modelling and fi nalising models, and fi nal reviews fi nalising models, and fi nal reviews and rendering cycles.and rendering cycles.

    Its important that you have in place Its important that you have in place a proper strategy (and that you take a proper strategy (and that you take the lead) for managing access to your the lead) for managing access to your core IP and the concept designs, core IP and the concept designs, and that third parties involved have and that third parties involved have properly signed confi dentiality properly signed confi dentiality agreements in place to protect the agreements in place to protect the material from unauthorised access material from unauthorised access and use by the manufacturer and its and use by the manufacturer and its supply chain.supply chain.

    The manufacturing process can, and The manufacturing process can, and often does, drive an expansion of the often does, drive an expansion of the scope of the project or a rethinking scope of the project or a rethinking and re-working of a design. If this and re-working of a design. If this is the case, new IP that is generated is the case, new IP that is generated as part of that process will need as part of that process will need to be managed properly by the to be managed properly by the industrial designer, including the industrial designer, including the proper identifi cation and transfer proper identifi cation and transfer of IP rights from the industrial of IP rights from the industrial designer to the client. designer to the client.

    PRODUCT TO MARKETPRODUCT TO MARKET

    Many clients require full ownership Many clients require full ownership of IP in the designs relating of IP in the designs relating to a manufactured product.to a manufactured product.

    If an industrial designer If an industrial designer has negotiated part of their has negotiated part of their compensation based on the success compensation based on the success of a product in the market, it makes of a product in the market, it makes sense for them and the client to have sense for them and the client to have agreed to a royalty agreement based agreed to a royalty agreement based on product sales. If this is the case, it on product sales. If this is the case, it may make sense for the designer to may make sense for the designer to retain a portion of the IP ownership retain a portion of the IP ownership in the original design.in the original design.

    Its also common for an industrial Its also common for an industrial designer to license their own designer to license their own core IP to the client to be used in core IP to the client to be used in manufacturing and operating. If this manufacturing and operating. If this is the case, these rights of use need to is the case, these rights of use need to be properly identifi ed in a contract be properly identifi ed in a contract between the designer and client, and between the designer and client, and be managed by the designer.be managed by the designer.

    Industrial designers frequently Industrial designers frequently reserve the right to include in reserve the right to include in future marketing initiatives a general future marketing initiatives a general description of the design concepts description of the design concepts that they have worked on for clients that they have worked on for clients once those end products have made once those end products have made it to market, or if the end product it to market, or if the end product doesnt make it to market after doesnt make it to market after a defi ned period of time, once the a defi ned period of time, once the design brief concludes. Again, this design brief concludes. Again, this is a matter for the industrial designer is a matter for the industrial designer to work out in the contractual terms to work out in the contractual terms and conditions between clients.and conditions between clients.

    ENFORCING YOUR IP RIGHTS

    Your IP is important for business success and income. You need to know your rights and be prepared to act if theyre infringed. Before taking action there are some things you should consider, such as:

    Who is at fault? More than one person can be liable for IP infringement. For example, you could sue a third party, a contractor, the directors of a company or the company itself.

    Could the tables turn? If you make unsubstantiated claims about an infringement on your IP, you can be sued. Its important to review all relevant documents to ensure you have the IP rights you say you have.

    Could litigation be bad for business? Court proceedings are made public, unless covered by a confi dentiality agreement, which means you may be airing your dirty laundry. It could also look bad to customers if you lose. Youll need to decide whether you see any publicity as good publicity.

    Theres a range of options available before you get to a court settlement, such as a warning letter and negotiations.

    Above all, you should consider getting help from a professional before enforcing your rights. IP professionals can help you understand the costs and risks involved in infringement action, as well as advise on the best course of action.

    With regard to registered designs and patents, its recommended to obtain an infringement opinion from a properly qualifi ed registered patent attorney or legal practitioner. This is a detailed analysis of the infringing action or product, and the scope of the registered design or patent.

    Enforcement can often be expensive, complex and lengthy. Its strongly recommended that you seek the advice of properly qualifi ed IP professionals who should be able to give you a better idea of the likely costs, steps and issues involved.

    Enforcement

  • 30 31

    Avoid infringementINDUSTRY TIPInfringement can be costly, so take steps to avoid having to take action. Some measures are simple to follow. Before using or applying to register IP, do a search first. Searching can help you understand the rights of others and help you avoid infringing on those rights. Search functions for the different IP rights can be found at www.ipaustralia.gov.au If you own IP, use appropriate marking or symbols (, , , Patent Pending, Registered Design) to show your ownership and as a warning to put others on notice. Get advice from a lawyer specialising in IP if someone accuses you of infringing on their IP.

    Regular audits of your IP can help ensure that any design registrations, copyright, trade marks and patents you own are upheld and protected. If you own registered IP, keep track of important dates (e.g. renewal) and ensure your particulars are up-to-date on all registers both in Australia and in other countries where you have registered rights.

    IP professionals such as registered patent and trade mark attorneys offer services to help you keep track of your IP portfolio.

    Monitor your IP

    INDUSTRY TIP

    End to end checklist

    There can be more than one owner of IP. Have you identifi ed whether its you, your employer, your client, or a combination?For information about IP at the touch of a button be sure to visit IP Australias website at www.ipaustralia.gov.au

    Do you have IP that is worth registering? You can register a design, trade mark or patent through IP Australia. If copyright applies its free and automatic. Dont be an infringer. You can search existing IP through www.ipaustralia.gov.au to ensure your IP is a one of a kind.

    Have you staked your IP claim? While its not compulsory, using appropriate marking or symbols (, , , Pat Pending, Registered Des) puts others on notice.Sometimes its best to leave it to the professionals. They can help you understand what your IP rights are. Keep track of your renewal dates for your registered IP. Missing your maintenance payments means losing your protection.

    Do you know what IP you own? An audit of your IP can help you fi nd out if you have unregistered IP and keep track of renewal dates for registered IP.

    If in doubt, seek professional advice. A list of IP professionals can be found at www.ipaustralia.gov.au.

    Your IP is a valuable business asset. Make sure you are across all forms: design, trade mark, patents and copyright.

  • 32 33

    KEY TERMS

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

    BUSINESS NAMEA 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.

    COMPANY NAMEA 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. Registration of a company name does not provide proprietary rights.

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

    COPYRIGHTCopyright 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. Copyright usually lasts for the authors life plus 70 years. The copyright notice 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 REGISTRATIONDesign registration protects the way products look. Design refers to the visual features of shape, configuration, pattern or ornamentation.

    DOMAIN NAMEA domain name is the unique name that corresponds with an internet protocol address. It is often easy and intuitive to remember. For example, IP Australias domain name is www.ipaustralia.gov.au. Registration of a company name does not provide proprietary rights.

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

    INNOVATION PATENTAn innovation patent is a form of protection available in Australia for innovative and technological improvements. Protection is available for up to eight years.

    INTELLECTUAL PROPERTY (IP)IP is generated through intellectual or creative activity. Types of IP include patents, trade marks, designs, confidential information, trade secrets, copyright, circuit layout rights and plant breeders rights.

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

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

    PLANT BREEDERS RIGHTSPlant breeders rights are used to protect new varieties of plants by giving exclusive commercial rights to market a new variety or its associated reproductive material.

    PRIORITY DATEA 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.

    TRADE MARKA trade mark is a sign used commercially to distinguish goods and services of one trader from those of another. It can be logos, words, letters, numbers, colours, a phrase, sound, scent, 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.

    TRADE SECRET A trade secret is 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.

    USEFUL CONTACTS

    IP Australia can provide useful information if you are:Seeking registered IP protection via patents, trade marks, designs or plant breeders right disputing or opposing a patent, trade mark or design

    Researching existing IP documents by searching patents, trade marks, designs or plant breeders rights databases

    Interested in promoting IP within your organisation. Visit www.ipaustralia.gov.au

    BUSINESS NAMES Contact the relevant government body in your state or territory

    Australian Capital TerritoryT 02 6207 0461www.rgo.act.gov.au

    New South WalesT 13 32 20www.fairtrading.nsw.gov.au

    Northern TerritoryT 08 8982 1700www.tbc.nt.gov.au

    QueenslandT 1300 658 030www.fairtrading.qld.gov.au

    South AustraliaT 1300 138 918www.ocba.sa.gov.au

    TasmaniaT 03 6233 2225www.consumer.tas.gov.au

    VictoriaT 1300 558 181www.consumer.vic.gov.au

    Western AustraliaT 1300 304 014www.docep.wa.gov.au/bizline

    COMPANY NAMESAustralian Securities and Investments CommissionT 1300 300 630www.asic.gov.au

    COPYRIGHTAustralian Copyright CouncilT 02 8815 9777www.copyright.org.au

    Attorney-Generals Department Copyright Law BranchT 02 6250 6655www.ag.gov.au

    INDUSTRY REPRESENTATIONDesign Institute AustraliaT 1300 888 056ww.design.org.au

    Design VictoriaT 03 9925 4195www.designvic.com

    INTERNET DOMAIN NAMES.au Domain AdministrationT 1300 732 929www.auda.com.au

    INVENTORS ASSOCIATIONContact the inventors association in your state or territory www.inventors.asn.au

    IP LAWYERSContact the Law Society in your state or territory

    Intellectual Property Society of Australia and New Zealand www.ipsanz.com.au

    Licensing Executives Society of Australia and New Zealandwww.lesanz.org.au

    IP RESEARCHIntellectual Property Research Institute of AustraliaT 03 8344 1127www.ipria.org

    IP RIGHTS ASSOCIATIONS AND INTEREST GROUPSAustralian Design AwardsT 02 8206 6090www.designawards.com.au

    Australian Graphic Design AssociationT 02 9955 3955www.agda.com.au

    The Australian Manufacturers of Patents, Industrial Designs, Copyright and Trade Mark AssociationT 02 9458 7416

    PATENT AND TRADE MARK ATTORNEYSFor a full list of registered patent and trade mark attourneys visit www.psb.gov.au

    Institute of Patent and Trade Mark Attorneys of AustraliaT 03 9857 0311T 1800 804 536www.ipta.com.au

    Professional Standards BoardT 02 6283 2345www.psb.gov.au

    PATENTS, TRADE MARKS, DESIGNS AND PLANT BREEDERS RIGHTSIP AustraliaIP Australia has a range of resources including: Application kits Kits are available for designs, patents, trade marks and plant breeders rights to help you file for an IP right Dont give away your most valuable asset brochure Designed to introduce you to IP IP ToolboxA comprehensive IP guidefor business Smart StartA tailored product for small to medium-sized businessesT 1300 651 1010www.ipaustralia.gov.au