Protecting Intellectual Property

Protection of intellectual property can be an expensive and highly complex process for the new business. There are only four methods of protection:

1. Patents which protect inventions and technological innovations.

A patent allows an inventor to stop anyone else from copying the patented item.

2. Copyright which protects music, art and literary works.

A copyright protects the unlicensed reproduction of books, paintings, films, songs, music, engineering works, plays, articles and original creative works. Infringement occurs only when a 'substantial' amount of your work is reproduced - the court will decide.

3. Design registration which protects the appearance and shape of a product.

To register your design you are required to apply to the Design Registry and if your design complies with the requirements of the Registered Design Act of 1949, you will be issued with a certificate which will allow you the sole rights to manufacture, use, or sell articles of that design in business.

4. Trade mark which protects pictures, symbols and logos.

The registration of a trade mark will depend on how distinctive it is; confusion with other symbols already registered would exclude it. Registration requires you to contact the Patents Office (trade mark branch) in order to check there are no areas of conflict with other trade marks. Registration is for seven years and will be processed only after your advert has appeared in the weekly Trade Marks Journal.

Legal Protection

The law gives a period of protection that can range from five years to 50 years after your death. In practice, however, your only redress in the case of an infringement is through the courts, and that can be expensive.