Every law has a purpose, and the same also applies to online intellectual property (IP) law in Australia. Alongside encouraging innovation, it also aims to protect the rights of those entities that develop original intellectual property (IP). The rationale behind it is to provide ownership rights to the original creator or developer of IP.
IP law in Australia provides both individuals and business entities with the right to own the intellectual goods and information created by them for a specific duration of time. And in case of a violation, one can approach one of the qualified IP lawyers and file a case with their help for a legal solution.
In 2022, the IP law service is more useful than ever due to the growing competition. It helps business entities maintain their competitive edge. Unlike in the past, accessing IP law services has become easier due to their availability on the Internet. Read on to know how you can make use of online IP law service in 2022.
Intellectual property rights come under civil laws. However, the former is just the sunset of the latter. Civil law also encompasses several other aspects. If you wish to hire the relevant IP law service applicable in your case, you need to know about the different kinds of intellectual property rights.
At present, there are seven intellectual property rights. These include the following:
● Industrial design rights
● Trade dress
● Plant variety rights
● Trade secrets
● Geographical indications
In Australia, IP laws are centered on assets that are useful for running businesses. These include secret formulae or processes, designs, trademarks, and patents. Because Australia is a signatory to agreements linked with the protection of IP rights globally, it provides legal rights to business entities that operate within its territory.
A dedicated agency, namely IP Australia, not only administers IP rights in the country but also legislates them from time to time. It primarily focuses on patent protection, trademark protection, domain name registration, design protection, and copyright protection. In the event of an infringement of the stated IP laws under any of these categories, you can approach one of the qualified IP lawyers Perth or any other region in Australia.
Here are the different kinds of infringement of intellectual property rights for which you should consider consulting a qualified civil lawyer who deals with intellectual property infringement.
● Patent Protection: Patent protection provides a creator or inventor of intellectual property with the right to decide who can or cannot use their creation or invention. Accordingly, they can manufacture, sell or market it. This form of protection for IP prevents any unauthorized entity from commercially using, selling, importing, or distributing it without the written permission of the holder of patent protection right.
● Trademark Protection: A business organization gets the recognition of a brand after its registration for trademark protection. Following it, the brand comes under protection for ten years. It helps a brand owner prevent their brand from misuse or unfair use by a competitor. An imitation or unauthorized use of a trademark is an offense punishable by IP law in Australia.
● Domain Name Registration: The virtual world of the Internet abounds with many websites. Each website has a domain name with which it is identified. A website with a .com is a commercial website, whereas a website with .au indicates that it belongs to Australia. All websites that are registered with .au domain anime are required to meet the requirements of the .au Domain Administration. Once a website with a specific name is registered under this domain, no other website can be registered under the domain with the same name.
● Design Protection: When original developers of design(s) apply with Australia’s Disgins Office of IP, it comes under the consideration of being a protected material. The government agency assesses the legislative requirements of the submitted design and provides it protection if it meets the requirements. Thereafter, any other entity has to seek permission from the owner to use it.
● Copyright Protection: Creating a new material not only necessitates talent but also takes time. Once such material becomes protected under copyright, another entity has to seek permission from the copyright holder to use it. A violation of this rule leads to copyright infringement.
If you hold the intellectual property rights, as per the law, in one of these categories and believe any unauthorized entity has infringed it, you can consult one of the civil lawyers in Perth for a legal solution.
Being a signatory of international copyright protection laws, Australia takes copyright infringement seriously. It is considered a punishable offense. Upon detecting it, you can consult one of the qualified IP lawyers in Perth or any other region in Australia to file a case against an unauthorized entity for a legal solution.