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Copyright and intellectual property
Intellectual property
“Intellectual property” is a general term covering a number of areas of law. Copyright is one of these areas. Some other areas of law are sometimes confused with copyright. We briefly outline these below.
Trade marks
If you are using a name or logo (and in some cases, a colour, sound or smell) in your business, you may be able to register it as a trade mark. Unlike copyright, trade mark protection requires registration and paying a fee. Registration gives you protection against other people using a substantially identical or deceptively similar mark in the course of trade. Trade marks are registered with IP Australia.
“Passing-off” and Trade Practices actions
The law known as “passing off” protects business reputation or goodwill. It can be used to stop people “cashing in” on someone else’s name (including a brand name) or image, or on other distinctive features of someone else’s “business”. There are similar provisions about misleading the public in Part V of the Trade Practices Act 1974 (Cth) and similar legislation in the States (Fair Trading Acts, for example).
Designs
Designs law may be used to protect articles that do not come within the scope of copyright law or where copyright protection is limited. Designs protection covers the appearance or shape of articles that have some functional purpose, not how they work. To get design protection the design must be registered with IP Australia.
The interaction between design law and copyright is in some cases very complex. If you have created something which might be protected under either or both areas of law, it is very important that you get appropriate and early legal advice.
More: Designs for functional articles information sheet.
Confidential information
Copyright does not protect ideas or information. However, someone using information or ideas they have got from someone else in confidence may have breached a duty of confidentiality.
More: Ideas: legal protection information sheet.
Patents
Patents protect inventions, including processes, methods and techniques. However, the protection will only be granted for a device, substance, method or process if it is new, inventive and useful. Patent protection requires registration with IP Australia.