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Our Law Assignment Help series contain a wide range of assignments of law which are specially written for the students studying law in Australia. Following is a small introduction of Intellectual Property Assignment Help written our experts.
Intellectual property is the term which is referred to the creations of intellectual property in which an individual has the monopoly power. Intellectual property is that which represents the property which is original in nature and which is the creation of the mind. If any person who develops the new product, makes a new invention, services which only belong to his mind only then it is the intellectual property. If any person wants to take the legal ownership of the property, then they can apply for registration of the intellectual property. There are various types of intellectual property which include copyrights, patents, trademarks and industrial designs. These rights are given to the owner of the intellectual property, and it is a kind of protection over the property which is created by owner mind.
The rights which are included patents, copyright, trademark, industrial design, plant variety rights, trade dress and in some jurisdiction it is known as trade secrets.
Objective of intellectual property
The main objective of intellectual property is to help in the development in economic progress. Owner of the intellectual property exchanges his information about the invention and creative work for the welfare of the society and also for the owner mutually benefits, then incentive has been given to the owner for the invention and for authors who create original work and disclose to the government. It also helps in encouraging the people for new innovation.
These exclusive rights give the benefit to the owner that they can earn benefit from the invention or work which is created by him. They are providing financial incentives to the owner of the original work. This will also help in encouraging the people for developing more and more invention and help in the development of the economy.
The patent is the right which is given to the patentee for inventing the new invention. This right has been given by the government to the inventor. After taking the protection of the patent over the invention, then the owner has the full rights over the invention which is developed by him. The owner has the right that he can make, sell, use, and offer for sale and also import the invention to any other country without any restriction. The patent has been given for a specific period of time. The patentee has the right that they can extend or renew the time period of the patent. It is only given when he discloses the information of the invention to the government for the welfare of the public. Any discovery which is made by the individual is not protected under this act, it is necessary that the inventor invents a new invention. There are three main tests which have to be followed by the inventor for taking the protection of a patent on an invention which are:
- Not obvious
- Industrial use
Copyright is the protection which is given to the original creation of the mind of an individual. Any person who creates new original work which has no copyright over the work will be protected by the copyright. Copyright protection has been given to the wide range of works like artistic, drama, musical work; sound recording, architectural work etc. is protected under the copyright act. The owner of the work is protected for a specific period of time and after the time is over then it will go into the hands of the public. It is necessary for the owner that they provide the work to public at normal price and avail them easily.
- Industrial right
The industrial design act gives protection to the visual design which is not purely utilitarian. It covers the shape, size, color, combination, configuration or composition. Industrial design can be three dimensional patterns which are used in producing the goods, industrial commodity or any handicrafts work.
- Plant varieties
Plant varieties are also protected by the government. The individual has also the plant variety rights in which rights have been given for the new variety of plant. If any person makes a new variety of plant then he will also get the plant varieties right.
The Trademark is the mark which is used by the business in distinguishing the goods from one business to another business goods. The mark which they can use must be eligible that they can distinguish the goods. There is no rule for the mark which is used by the business, but it is necessary that it will help consumers in making a difference among them. These marks must be registered by the owner of the business in the registered office. After getting the registration, the mark is protected by the government for a certain period of time after the period is over it will go in to the public domain.
- Trade dress
Trade dress is the legal term which generally refers to the appearance of the goods or its packaging.
Infringement of intellectual property
Any person who uses the intellectual property without taking permission from the owner of the intellectual property, then it will be an infringement of intellectual property (patent, copyright, trademark, trade dress, plant varieties. If any person infringed the right will become an offender in either civil law or in criminal law. The law which is applied upon the intellectual property will be depending upon the jurisdiction, the nature of an action and which property is evolved in the infringement. Any owner or patentee has the right that they will file suit against the person who made infringement in respect of their rights. An owner of the intellectual property will be compensated by the offender who breaches the right of the owner. Any person who wants to use the property which is protected by copyright any invention which is protected under patent, any mark which is protected under trademark will not use without permission of the owner and patentee.