Intellectual property

Date

2023

Authors

Zito, P.

Editors

Giancaspro, M.

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Book chapter

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Source details - Title: Contemporary Australian Business Law, 2023 / Giancaspro, M. (ed./s), Ch.17, pp.448-479

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Abstract

This chapter considers how intangible assets that businesses develop, such as inventions, designs and brands, as well as business ideas and information, can be protected pursuant to Australian intellectual property (IP) laws. It identifies that various IP rights are protected by statute, while others are protected pursuant to common law. It explains that some forms of intellectual property require businesses to apply and register for protection before an IP right can be claimed, such as designs, patents and trade marks, while others, such as copyright, dont require any application or registration. The chapter highlights that an array of IP rights can be used to protect different aspects of a business’s goods and/or services. For example, a business’s product might have a patent that attaches to it regarding how it works, a registered trade mark protecting its brand name, and a design for its appearance. The more IP rights that can be used to protect a particular good or service, the more defiant the good or service will be to imitation and competition.

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Copyright 2023 Cambridge University Press

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