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Intellectual Property

What is intellectual property?

The term intellectual property (IP) refers to things people create with their minds, such as:

  • Inventions
  • Literary and artistic works
  • Designs
  • Symbols, names and images used in business.

The good news is that your intellectual property is protected by law.

For example, through copyrighttrademarkspatents and design registration, you can ensure you earn recognition or a financial benefit from what you invent or create.

Intellectual property law is divided into two categories:

What are intellectual property rights?

Intellectual property rights are like any other property rights. They allow creators, or owners, of patentstrademarks or copyrighted works to benefit from their own work or investment in a creation.

Why is protecting intellectual property important?

Intellectual property rights reward creativity and human endeavour. For example:

  • The film, recording, publishing and software industries would not exist without copyright protections.
  • Without the patent system, researchers and inventors would have little incentive to continue producing better and more efficient products.
  • Without trademark protection and enforcement mechanisms to discourage counterfeiting and piracy, consumers would not be able to buy products confidently.

In short, without the protection provided by intellectual property law, you could lose control over many of the things that not only make your business profitable but enable you to stand out from your competitors.

Does your business have intellectual property?

Yes, all businesses have intellectual property, no matter what kind of business they are. Examples of intellectual property (IP) include:

  • business names
  • domain names
  • logos
  • product designs
  • product names
  • inventions
  • trade secrets.

What does that mean for you?

Protecting your intellectual property rights is also important if you are looking to raise capital for, merge or sell your business. Why? Financiers and purchasers often look for enforceable intellectual property rights before they make a final decision to lend you money or purchase your business. Therefore, you should take all the necessary legal steps in order to protect your intellectual property rights. In short, protecting your intellectual property rights increases the value of your business. Our Intellectual Property team has experience in:

What happens if you are involved in an intellectual property dispute?

Since Sajen Legal is a law firm that specialises in litigation, we can also help you if you find yourself in an intellectual property dispute.

Finally, and most importantly, because we offer a fixed-fee service for all our legal services, we can tell you exactly how much it will cost you for us to protect your intellectual property or resolve an intellectual property dispute.


Copyright

What is copyright? Copyright laws grant authors, artists and other creator’s protection for their literary and artistic creations, generally referred to as ‘works’. Copyright does not protect ideas. Rather, it protects the expression of ideas. In Australia, the Copyright Act 1968 (Cth) protects all original literary works, dramatic works, musical works, artistic works, sound recordings continue reading

Trademarks

What is a trade mark? A trade mark is a distinctive mark or sign that a person uses in connection with their goods or services. It may include a name, symbol, slogan or a logo. As distinctive indicators of a business, trade marks are important assets in any commercial enterprise. What will registering a trade continue reading

Patents

What is a patent? A patent is an exclusive right granted for an invention. More specifically, it is a product or process that provides a new way of doing something, or that offers a new technical solution to a problem. In Australia, if you are an inventor or a person entitled to be assigned the continue reading

Design Registration

What is design registration? In Australia, a ‘new and distinctive’ design of any type of manufactured product can be legally protected, by registration under the Designs Act 2003 (Cth). Anything from a new design for a sticky tape dispenser to an innovative design for a container ship may be able to be protected in this continue reading

Confidential Information

What is confidential information? From a business point of view, confidential information is any type of information that you regard as confidential. Confidential information may include: Trade secrets Know-how Financial records Marketing plans Customer lists Technical information. How can Sajen Legal help you protect your confidential business information? In an era where the leaking of continue reading

Commercialising Intellectual Property

How can you commercialise your intellectual property? At Sajen legal, we put a great deal of effort into helping our clients commercialise the intellectual property that empowers their businesses. Why? From experience, we know that intellectual property is often the engine behind any business. However, too often, clients forget to protect their intellectual property because, continue reading

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