Protection of Australian IP CASE STUDY

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Name
Institution
Course
Date
Protection of Australian Intellectual Property
Executive Summary
Intellectual property is the Australian Government Agency that deals with IP rights and laws
relating to trademarks, patents, designs and plant breeder’s rights. By giving these rights and
partaking to the improvement of Australian and International Intellectual Property systems, IP is
supporting Australia’s Economic development.
IP Australia provides police advice to the state and works hand in hand with industry,
business, IP experts and the public to raise awareness of the value of IP and make sure that the
system satisfies their operational requirements. The system is committed to providing a firm
competitive IP system that helps in encouraging more investment, innovation and trade to give
the best IP system in the world ("Maximizing the potential of Intellectual Property for your
business")
Introduction
Intellectual property rights refer to the specific rights arising from Australian law.
Examples of IP rights are; trademarks, designs, copyright, patents, plant breeders and circuit
layouts. All types of IP have different legal rights and exemptions,e.g., Patents are given by IP
Australia for qualifying innovations while designs are granted in the case where the distinctive
overall appearance of commodities qualify under design laws. Copyright is applied to qualifying
materials such as software.
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There are two different classes of IP rights namely; Registered IP rights and Unregistered
IP rights. Registered IP rights include designs, plant breeder’s rights, trademarks and patents,
which meet certain requirements for them to be registered. Unregistered IP rights cover all other
types apart from the ones mentioned ("market for design: insights from interviews with
Australian firms")
Body
The world’s business market is becoming very competitive, and the local
producers/manufacturers should come up with competitive strategies that will enable them to
survive in the market. The best method for enabling Australian businesses is to make use of
Intellectual property right in the following ways;
Maintaining their competitive edge
Research shows that innovative businesses in Australia are most likely to report increased
profitability and IP is a major part of commercializing innovation. For all the businesses to
remain competitive in the world market, the development of, treatment of and access to valuable
information is becoming more important. A good example is a business with best processes and
software for running orders, delivery and stock makes use of these to get a competitive
advantage, which leads to the attraction of many customers and making more money than other
businesses.
The branding and software that the business uses can be protected as Intellectual
Property. Working together can result in the creation of new IP innovations, products,
documents, services, software, processes and other materials. A good example is two businesses,
which may collaborate to improve software and services so that their delivery channels trigger
their stock orderings automatically (" What every business should know")
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Protecting Innovative ideas from exploitation
It is crucial to recognize at the onset that if you have openly disclosed your design or
newly invented idea before applying for registration, you may have lost the capability to protect
your idea. In most cases, a patent right may not be given for an idea or invention if someone
publicly discloses the idea before he/she has registered the design with the relevant authorities.
A good example is discussing an invention with the third party; this could lead to a unpatentable
idea because details of the invention would be in the public domain and it would no longer be
considered as original.
IN case of patents, the crucial time in which there should no longer be a prior disclosure
of the ideas is the first day that you apply for a patent registration ("WHAT EVERY BUSINESS
SHOULD KNOW")
Conclusion
Intellectual Property right is considered an intangible product, a broad term that explains
the application of human mind to create something original. Whenever one invents something or
develops a new service, he/she has created an IP. The following is a summary of IP rights
enjoyed;
i. Promotes general access to research, innovations, and development by others
ii. Rewarding the inventor’s effort and skills
iii. Protecting individual rights of ownership in their pursuits
iv. Encouraging changes that benefit the society
In Australia, all the businesses work under the umbrella of IP rights to conquer and
succeed in the competitive world market. The government requires that all the company is
registered and hence have access to their operation writes and participate competitively in the job
market.
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References
"Maximizing the potential of Intellectual Property for your business." Intellectual Property
Office of New Zealand. Australian Government, n.d. Web. 19 Sept. 2016.
"Submission to the Productivity Commission Inquiry into Australia’s Intellectual Property
Arrangements." Home - Productivity Commission. Australian Government, n.d. Web. 19
Sept. 2016.
"The market for design: insights from interviews with Australian firms." IP Australia |.
Australian Government, n.d. Web. 19 Sept. 2016
"WHAT EVERY BUSINESS SHOULD KNOW." IP Australia |. Australian Government, n.d.
Web. 19 Sept. 2016.

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