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Chapter 17 - Intellectual property. At the end of this chapter you should understand: ‘intellectual property law’ and the philosophy behind the concept of protecting intellectual property; how to distinguish between the products that are protected by copyright, patent, trade mark and design legislation; the definition of the term ‘copyright’ and explain how the law relating to it protects the physical expression of ideas;…
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Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning Copyright © 2000 McGraw-Hill Australia Intellectual property Chapter 17 Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning Copyright • Copyright - The right to prevent the unauthorised reproduction by a third party of the tangible form in which a person has chosen to express his ideas • Statute - Copyright Act 1968 (Cwlth) • Substance of Statute - Protects expressions of ideas (not the idea itself) Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-3 Copyright â 2000 McGraw-Hill Australia Copyright ã Subject Matter CATEGORIES ORIGINAL WORKS Literary Musical Dramatic Artistic Copyright OTHER THAN WORKS Sound recordings Films Published editions of works 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-4 Copyright © 2000 McGraw-Hill Australia Examples Dramatic Work - Ballet Artistic Works - Paintings - Sculptures - Drawings Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-5 Copyright â 2000 McGraw-Hill Australia Ownership of copyright ã Author - Employer, where author under contract of service or apprenticeship - Person who commissions and pays for work - Maker of sound recording or film Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-6 Copyright © 2000 McGraw-Hill Australia Duration of protection • Published work (i.e supplied to public) - 50 years after death of owner • Unpublished work - 50 years after publication for first time Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-7 Copyright © 2000 McGraw-Hill Australia Infringement of copyright • Original Works - By person performing any of the various acts in respect of the work without authorisation or consent of owner of copyright Eg Copyright * Reproduction (i.e copying) in a material form the whole or substantial part of a literary, dramatic, musical or artistic work * Importing copies of an original work for sale, hire, exhibition or distribution * Performance of a work in public, or broadcasting of a work without consent of the owner 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-8 Copyright © 2000 McGraw-Hill Australia Defences to infringement of copyright • • • • • • • Use of insubstantial parts Fair dealing - research or study - criticism or review - reporting of news - giving of professional advice by a legal practitioner or a patent attorney Educational copying - if adequate records maintained to enable compensation to owner of copyright Public readings Performances at home Copyright work in libraries Incidental appearances of artistic work in films or television broadcasts Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-9 Copyright © 2000 McGraw-Hill Australia Remedies for infringement of copyright • Injunction • Damages e.g Loss sustained Account of profits Torts of conversion and detinue - Anton Pillar Order Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-10 Copyright © 2000 McGraw-Hill Australia Types of trade marks • • • • Distinguishing trade marks Certification of trade marks Defensive trade marks Collective trade marks Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-20 Copyright © 2000 McGraw-Hill Australia Duration of protection • Initially for ten years, then renewed indefinitely for successive periods of ten years Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-21 Copyright © 2000 McGraw-Hill Australia Objective of trade marks • Protect goodwill associated with trade mark • Exclusive rights to use trade mark • Asset included in business valuation • May assist with franchising and licensing Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-22 Copyright © 2000 McGraw-Hill Australia Infringement of trade marks • Use mark similar to registered trade mark, in order to deceive • Tort of passing off Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-23 Copyright © 2000 McGraw-Hill Australia Remedies for infringement of trade marks • Injunction • Damages - Loss sustained - Account for profits Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-24 Copyright © 2000 McGraw-Hill Australia Patents • Statute: Patents Act 1990 (Cwlth) Patents Cooperation Treaty 1970 • Substance of Statute: An inventor has the sole and exclusive right to exploit and to authorise another to exploit an invention • Subject Matter: Involves - a manner of manufacturing - novelty - practical use • Examples: Inventions - Machines - Drugs - Processes - Treatments Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-25 Copyright â 2000 McGraw-Hill Australia Application for patent ã Application for patents through Patents Office Prerequisites - Disclosure - Prove application meets the requirement of being ‘novel’ - Tested against publications (written, oral or in use) anywhere in the world Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-26 Copyright © 2000 McGraw-Hill Australia Duration of protection • Petty Patent: Initially for twelve months, extended up to six years • Innovation Patent: Replacement of Petty Patent for a maximum of eight years • Standard Patent: Twenty years Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-27 Copyright © 2000 McGraw-Hill Australia Infringement of patents • If invention is copied by manufacturing or supplying goods whose use would infringe the patent Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-28 Copyright © 2000 McGraw-Hill Australia Defences to infringement of patents • At date of infringement, defendant was not aware of existence of patent Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-29 Copyright © 2000 McGraw-Hill Australia Remedies for infringement of patents • Injunction • Damages - Loss sustained - Account for profits Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-30 Copyright © 2000 McGraw-Hill Australia Tort of passing off • Person seeks to pass their own goods or services off as the product of a more successful competitor Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-31 Copyright © 2000 McGraw-Hill Australia Elements of tort of passing off • Misrepresentation is made • Misrepresentation is made by a trader in the course of trade • Misrepresentation is made to prospective customers of the trader, or ultimate customers of goods or services supplied by the trader • Misrepresentation is calculated at injuring the business or goodwill of another trader • Misrepresentation must cause actual damage to the business or goodwill of the trader who is suing Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-32 Copyright © 2000 McGraw-Hill Australia Confidential information (common law) • Substance: Restrains a person from using confidential information obtained from another, when they not have the consent of the other party • Subject Matter: - Information has nature of being confidential - Information received in circumstances where obligation of confidence is expressed or implied - Information communicated to a third person without permission • Examples: Trade Secrets Government Information Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-33 Copyright © 2000 McGraw-Hill Australia Remedies for infringement of confidential information • Injunction • Anton Pillar • Damages Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 17-34 Copyright © 2000 McGraw-Hill Australia ... Subject Matter: Any combination of: - letter - brand - word - heading - name - label - signature - ticket - numeral - device - shape - colour - sound - scent - aspect of packaging Examples: Deodorants... article of similar design, without consent of the owner Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e by Barron & Fletcher Slides prepared by Kay Fanning 1 7- 17... ornamentation - Manufactured - Observable - New or original • Examples - Building Materials - Jewellery - Cutlery Copyright 2003 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 4e