Charles Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own...as the wheat he cultivates, or the flocks he rears."

As a student considering a career in Industrial Design it is important that you become aware of your rights and responsibilities when it comes to Intellectual Property (IP). Protecting your IP is the same as locking your car- you are protecting something you own of value- an asset.

As an Industrial Designer, IP can come in many forms of the work that you undertake- from the look of a newly created product to the mechanical processes designed to create that product, each of these tasks provide worth for IP protection. Increasingly many organisations realise the substantial benefit of protecting these new ideas to create a market advantage. It is important that you as a designer are also aware of how you can support these organisations in collaboration with IP protection.

This easy to use guide has been created to provide a general overview of Intellectual Property and the number of options that are available to designers and organisations when protecting IP assets. This guide is not created as legal advice and should you be considering the registration or trade marking of any of your designs, you should always seek professional advice from a qualified Patent and Trademark Attorney.

Trademark ™

Definition: Can be a logo, word, letter, number, colour, phrase, sound, scent, shape, picture, and aspect of packaging or a combination of any of these elements.

The benefits: The right trademark can be an integral part of marketing strategy for goods and services. A trademark can provide the perception of a certain level of quality with the good and services associated and can help create and maintain goodwill with clients and improve profitability.

The process: When considering trademark registration IP Australia must review whether the registration itself will create an unjust environment for others within the industry, it is very difficult to register a trademark against common descriptors, common surnames, geographical locations or words and phrases that describe a positive product promotion e.g. “Worlds Best”. In addition if the trademark bears a strong resemblance to any trademark that already exist or if the trademark will create a misconception or scandal, these will also lead to that trademark being rendered unsuitable for registration.

International Perspective: The Madrid Protocol (also known as the Madrid System) is the international treaty concerned with the registration of trademarks. Under the protocol- of which 84 countries are signatory to- a single application for registration can be completed and filed with IP Australia to create trademark protection across the total network that are party to the treaty. For more information you can visit www.wipo.int/madrid .

Research trademarks online at the Australian Trademarks Online Search System (ATMOSS)

Patents

Definition: Is a granted right for any device, substance, method or process, which is new, inventive or useful. There are two distinctive types of patents- Standard (providing long term protection and control for over 20 years) and Innovation (providing a relatively fast, cost effective control for a period of 8 years maximum).

The process: A standardised patent has a maximum coverage period of 20 years. An annual fee is required at the fifth anniversary of the filing date to continue the control period.

An innovation patent varies to this, as fees are due annually and the patent itself is only initially granted for two years. Once the initial 2 years have expired, the patent can be extended for a further 6 years to a total of 8 years maximum- annual fees apply for each of these years.

International Perspective: A patent also enjoys international protection should you decide to register as an ‘international application’. Under the Patent Cooperation Treaty a patent can be granted protection in over 120 countries. If a patent is only registered in Australia, protection will only exist within Australian borders.

The Institute of Patent and Trademark Attorneys of Australia (www.ipta.org.au ) can assist with all matters relating to national and international patent protection.

Copyright ©

Definition: Copyright law has been created to protect the expression, rather then the concept of works created by a designer. Copyright provides a variety of artistic and design protection rights, but does not provide protection for ideas, information, styles or techniques.

The process: Once copyright protection has been granted the term of protection lasts for the total lifespan of the creator of the works, plus an additional 70 years beyond that date.

International Perspective: The Australian federal government has become party to a number of international treaties that increase the total level of protection afforded to a designer of copyright works. It must be noted though that Copyright laws and legislation do vary internationally, although many do offer “national treatment” – that is, they afford the same rights to Australian works as those provided within their own borders. Countries that provide “national treatment” to Australian copyright include Canada, China, France, Germany, Hong Kong, Indonesia, Japan, South Korea, Malaysia, New Zealand, United Kingdom and the United States of America.

This information has been provided as a guide for students to become more aware of their rights and responsibilities as a young designer in Australia. There are a number of great resources available, which provide more detailed information to assist you with Intellectual Property, and it’s protection.

• www.ipaustralia.gov.au
• www.business.gov.au
• www.wipo.int
• www.ipta.org.au
• Australian Trademarks Online Search (ATMOSS)
• Courses provided by your University or Institution

* This guide is not intended as legal advice and should you be considering the registration or trade marking of any of your designs, you should always seek professional advice from a qualified Patent and Trademark Attorney.