Unlock the Power of eSignature Lawfulness for Assignment of Intellectual Property in Australia

How to eSign a document: eSignature lawfulness for Assignment of intellectual property in Australia

hello and welcome if you've selected this video it means you're looking to gain a better understanding of intellectual property or IP as we'll often refer to it here at IP Australia we're committed to providing information to help you understand the registered IP right system and how it can protect your unique idea or competitive Advantage whether you're an entrepreneur with a brilliant business idea or a researcher on the cusp of a breakthrough or simply someone curious about the intricacies of intellectual property we have the resources to help in this video you'll hear an introduction from each of the registerable IP rights from subject matter experts designed as an entrylevel overview this is part of the self-service products freely available on the IP Australia website that are designed to Showcase IP rights and how they apply to you by the end of this video you'll have a better understanding of Ip knowwhere to find further information and the confidence to use this newfound capability ready to unlock the power of intellectual property let's get started hi my name is Patrick Johnson and I work in trademark examination in IP Australia which means I see new trademarks every day what is a trademark often called a brand a trademark is your your identity and it's used by customers to differentiate your products or services from those of your competitors it's not just a brand name or a logo on this screen there are three examples of registered trademarks the Nike Swoosh is a logo Cab's packaging is an example of how color can be used and your is an example of how words can be used it may be your corporate logo a jingle you use in an advertisment your business name painted on the side of your truck or even your packaging it can be a letter a number word phrase color sound smell shape logo picture movement or aspect of packaging or any combination of these a registered trademark provides you with exclusive rights to use license and sell the mark they are valuable intangible business asset that can grow in value as your business grows let's meet children's clothing designers Steph young and Emily Murray who started 22 by you in 2020 introducing the unique Sparkle band to kids dressup costumes our IP strategy for 22 BYU was to protect what we can we knew we couldn't protect everything but we knew that there were certain parts that we could protect and they just make us feel more secure going to Market once you're in Market there's no coming back from that there were so many elements and we just didn't know under which section that we were supposed to be trademarking whether it was design whether it was logo we didn't want to register the wrong thing and for it to bite us down the track it takes at least 7 months to register a trademark as they're awaiting an opposition period is built into the legislation the initial protection lasts for 10 years but can be renewed indefinitely for example the very first trademark registered in Australia is peps a coffin cold tablet this trademark is still registered and is more than 100 years old it is important to point out a common misconception here that a trademark is the same thing as a business name company name or Internet domain name it's not and we'll talk more about that later TM Checker is a new tool that makes it easier for you to check your trademark availability and apply and just a few minutes it's worthwhile having a play around on TM Checker as the tool can provide some useful insights on whether your trademark meets requirements and whether a similar trademark is already registered the tool is free to use so you can check as many variations of your trademark as you like the tool cannot give information about the other legal requirements and so it is not a guarantee that your trademark can be accepted if you do submit a request through the tool it will be fully assessed by one of the trademark examiners at IP Australia and they will let you know the outcome within five business days you may need to seek legal advice for your next steps costs for an application through TM checko or through our TM Head Start service starts at $330 or there is also an option to apply for your trademark using our standard application online which starts at $250 hi I'm Samantha Sals I'm a senior Paton examiner with IP Australia so I look at any payon applications that come in and decide whether they meet the requirements to get patent protection a patent provides exclusive exclusive rights for a device substance method or a process that is new inventive and useful three really well-known examples of patented items are Google Maps the cockle implant and Wi-Fi a patent will protect a product that's distinguished by the way it works its composition or its means of operation when granted a patent will give you exclusive commercial rights to your invention cost start at several thousand for full protection and it can take from a few months to several years to register it's important to note that you shouldn't share your idea too soon if you're applying for a patent it must be new and it must not be discoverable in any searching conducted as part of the examination process this includes things like publishing the details on your business website presentation at a trade show or even writing about your invention in a Facebook post any type of publication before you apply could mean that you are not able to get patent protection for that invention if you want to discuss your idea with employees or business partners have them sign a confidentiality agreement or a non-disclosure agreement this is critical in ensuring your invention is kept commercially confidential and that there's no theft of your idea throughout the Prototype development and Market testing processes here is Aiden the chief technology officer with inventia an Australian company which has patents for its Advanced Medical Research devices having a strong brand is crucial to the success of a product so we wanted to build something that was a bit more I guess flambo and a bit more eye-catching and interesting for researchers in a lab and I think the design is really critical to kind of I guess capturing people's imagination we are developing a very new and Innovative technology and that's really what it's about is protecting all of the development work and protect the Innovation so that we can commercialize and become a successful and sustainable business based in Australia protection of your patent can last for a maximum of 20 years and 25 years for pharmaceuticals for your standard patent your first renewal is due four years after the filing date but what can't be patented no matter how ingenious or unusual they may be you cannot patent artistic Creations mathematical models theories ideas schemes or purely mental processes if you're not sure if your idea is for something patentable it's worth having a look through the info and example calls that we have on our website or Consulting a patent attorney for advice particularly in the area of software related inventions it can be really tricky to figure out what qualifies and what doesn't now let's take a quick look at the application options for patents starting with a provisional application this is an inexpensive way of signaling your intention to file a full patent application later think of it as a placeholder a provisional application does not provide you with the protection of a full patent but it does give you a priority dat date this is the date your patent will be enforcable from should you go ahead with a standard application you have 12 months to consider your options before deciding whether to proceed with a complete standard application a provisional application won't be published unless you decide to go ahead with a standard application a standard patent application is necessary for full enforceability under the law it gives you long-term protection and control and is a sellable asset whether you apply for a provisional application or a complete stand application it's very important to include all the information about your invention and how it works you can only get protection for an invention that you've explained in enough detail for someone else in your field to be able to put it into practice simply by going off what you've written it can be really difficult to add in information later on so it's important to include everything that you might want to protect right from the start but do be aware that a standard application will end up being published for everyone else to read even if you end up deciding not to pursue patent protection hi I'm Laura Harrison and I'm a senior designs examiner with IP Australia this means I get to look at new and exciting products every day and I have the tricky job of determining whether or not a design right meets the requirements for design right protection one of the best parts of my job is being able to go out in public and see the designs that people have come in and applied for protection for um out in the real world the word design can mean different things to different people so not everything you design can be protected with a design right a design right is quite specific it relates purely to how products look essentially a design right will protect the overall visual appearance of new and distinctive products the overall visual appearance can be a combination of visual features including shape color configuration and pattern a design write aims to protect the visual appearance of a whole product that has physical and tangible form is manufactured or handmade and is produced on a commcial scale so some examples of products that are protected with a design right can include items of clothing like this Zim and dress gymnasium equipment like this fully trampoline enclosure and even parts for cars like this goody year Tire take a look at this video of Ryan Tilly and his business partner ho Newan who came up with an Innovative idea to allow wheelchair users to access the beach and other difficult terrain I think having good IP protection for small businesses and designers is is essential in being able to commercialize product and keep it sustainable to stop the bigger companies and bigger corporations from taking that product manufacturing it cheaply and undercutting those other small businesses which often put them out of business applying for a design right is a two-step process in Australia comprised of registration and certification both steps are required to enforce Your Design right and to stop others from using your design or a very similar design without your permission just like pton you should also keep your design a secret until you have applied to have the best chance of protecting your design it should not be publicly disclosed until after you have applied for registration even posting a picture to social media can make it difficult to enforce a design right as then it may no longer be considered new and distinctive design right protection has a lifespan of a maximum of 10 years after this period you will no longer have exclusive use of your design protection initially lasts 5 Years From the day that you apply and then towards the end of this period you may choose to renew your design for a further 5 years when applying for a design right costs start at $250 for registration and 420 for certification it takes at least two months to register and then an additional four months to certify good day I'm Andrew hen and I'm the senior um examiner for plant breeders rights um I've been working uh for IPs now for 7 years and we look at um the new new plant varieties that come through and are protected by PBR I'm a horticulturist um I've been uh in the industry for 30 years um uh starting off as in the nursery industry with ornamentals um and I've worked all over um the Horticultural industry itself uh and this job was a a natural progression for me um because it it keeps me in the industry and and a really exciting um interesting place to be PL BRS rights are um uh a property intellectual property right that um Grant grants exclusive commercial rights to plant brers for their new varieties um it allows them to profit from their work um and encourages new new plant breeding plant brers rights affects all sorts of plants um from the plants we grow in our Gardens um uh we see improved varieties uh coming through um with better disease resistance and drought tolerance uh right through all the food um the plant flood that we eat uh when you go into a supermarket um or or um you know or into the markets uh most of the plant material you see in there is protected by PBR not all plant varieties are eligible for plant Bri rights to be eligible for a plant breeders right um it either has to be new or only recently commercially exploded PBR basically encourages breeders um to continue their breeding programs and the breeding programs are aimed at um things like um Pest and disease resistance um uh dealing with climate change um and a whole host of other factors that um uh keep feeding the world and providing us good plants to grow here's Dr Michelle won from the University of Adelaide's arm breing program um uh to talk about the significant role that plant Brothers rights plays for them so it's important for new armor varieties to be developed in Australia because the industry really were only relying on three main varieties and if any one of those varieties fell over for some reason like disease or whatever the industry production would drop dramatically it's important for new varieties to be developed in Australia because our conditions are different than say for instance Spain which is a big producer of armonds and we import a lot of Spanish varieties for the breeding program you know our climate's different our soil is different and we actually have different markets too than what the Europeans have plant V's rights um apply to all types of plants including fungi and algae and um and could be relevant to anyone who breeds new varieties of of of any plant to be honest it's important to note that we're not talking about um patenting a jean sequence or something as specific as that with plant breeders rights we're actually talking about um protecting the whole variety and the name that's associated with it I'm really passionate about um plant breeders rights and how it can positively impact both uh plant breeding and also uh provide um food security um to um the whole world if you want to find out more about plant brers rights um you can look at the IP Australia website or you can contact the PBR team uh directly at PBR I australia.gov.au/healthheroes we hope you found that information useful want to learn more IP Australia offers a range of tools resources and services with practical guidance to help you navigate and engage with the IP system for the latest news you can follow IP Australia on social media we're on Facebook Instagram and Linkedin if you'd like to provide feedback on this video please email Outreach at IP australia.gov.au/healthheroes [Applause] [Music] [Music]