Patent, Design & Copyright

Copyright

Copyright is an important aspect of intellectual property protection. Hazan Hollander's team of lawyers provides can provide clients with a range of services in this area including:

What is copyright?

Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards original "literary works" of art and literature, music, films, sound recording, broadcasts and computer programs from copying and certain other uses.

There is no copyright registration in Australia . Copyright comes into existence as soon as an original work has been reduced to a material form, such as when it is first written down, painted or drawn, filmed or taped. Copyright material also enjoys protection under the laws of other countries who are signatories to international treaties dealing with copyright to which Australia is a member, such as the Berne Convention and the Universal Copyright Convention.

Australian copyright protection is provided under the Copyright Act 1968, and gives exclusive rights to license others in regard to copying the work, performing it in public, broadcasting it, publishing it and making an adaptation of the work. Rights vary according to the nature of the work and whether or not it has been published.

Depending on the material, copyright for literary, dramatic, musical and artistic works generally lasts 70 years from the year of the author's death or from the year of first publication after the author's death. Copyright for films and sound recordings lasts 70 years from their publication and for broadcasts, 70 years from the year in which they were made.

Although a copyright notice is not necessary in Australia, to put others on notice of copyright ownership it is wise to mark works with a copyright symbol © and/or the word COPYRIGHT , the name of the person or organisation who owns the copyright, and the date it was first published. This may help prove ownership of the copyright, and is required to establish copyright in a few overseas countries. It can also act as a deterrent to potential infringers.

The implementation of the Australia-United States Free Trade Agreement (AUSFTA) resulted in a number of changes to the Copyright Act in 2004 that have made copyright a complex area of law. For specific advice concerning this and other copyright issues, contact Hazan Hollander to arrange a consultation.

Patents

A patent can cover products, methods or processes. Patents provide particularly effective protection in the case of the invention of new technology that will lead to a product, composition or process with significant long-term commercial gain. When properly managed and protected, patents can be valuable commercial assets that provide significant competitive advantages.

We offer a range of patent services including:

We offer a range of patent services including:

What is a patent?

A patent grants the owner a monopoly to exploit any device, substance, method or process, which is new, inventive and useful, for a fixed term of 20 years in the case of standard patents and eight years in the case of innovation patents, with annual maintenance fees payable from its fifth year. In return for this grant of monopoly the inventor must disclose the invention to the public.

Patents provide effective protection if the invention is new technology that will lead to a product, composition or process with significant long-term commercial gain.

What is a patent attorney?

Your may not know it, but a patent attorney is not the same thing as a lawyer. A patent attorney provides specialist representation for people in the patenting process, and performs tasks such as preparing and filing applications and liaising with the Patents Office. In addition, a patent attorney will typically have qualifications or experience in specific areas of patentable technology such as science or engineering, as well as being registered with a Professional Standards Board.

While a patent attorney deals with the patenting process, a lawyer is able to provide advice on the legal and commercial aspects of obtaining a patent and protecting your rights as a patent-holder.

It is important to take a number of steps before consulting a patent attorney, including:

Consulting Hazan Hollander Lawyers first on the above issues can make a significant difference as to your commercial strategy and how much you spend bringing your invention to market and protecting your rights.

Design

A design is the overall visual appearance of an object. Registration of designs is important in protecting this type of intellectual property. Given the importance of industrial designs in driving companies in the knowledge economy, it is easy to see why the acquisition of intellectual property rights in a design is desirable. Hazan Hollander's experienced lawyers can help our clients successfully protect their designs.

We offer a range of registered design services including:

Our specialised intellectual property lawyers practice in Australia and New Zealand , and have access to an established network of international Associates with strengths in specific technical areas. We offer expert advice and services to any foreign jurisdiction, particularly within the United States , Europe and throughout Asia .

What is a design?

Design refers to the features of shape, configuration, pattern or ornamentation which, when applied to a product, gives the product a unique visual appearance. Design law is based on a system of registration and grants an exclusive right to the registered owner to use the product, as well as to import, license, hire, sell or otherwise dispose of the design.

To be registered, a design must be new and distinctive at the date of application for registration. Designs are registered under the Designs Act 2003 which replaced the Designs Act 1906. The new Act has provided for stricter eligibility and infringement tests, and protects designs only in so far as it relates to the visual appearance of a product.

The commercial value in registering a design lies in the exclusive and legally enforceable rights you receive in respect of the design after it is examined and certified. Registration initially protects your design for five years, and registration can then renewed for a further five years.

Commercialisation

Once you've designed your invention it can be hard to know how to turn it into a lucrative commercial opportunity. Effective commercialisation strategies are essential in successfully bringing your invention to the marketplace.

At Hazan Hollander, our lawyers combine their expertise in IP law with a sound commercial knowledge to deliver the services you need to help you make the most of your invention.

We offer a range of services to assist clients with the commercialisation of their inventions, including: