| INTELLECTUAL PROPERTY RIGHTS | ||||
| Right | Type of Work protected | eCommerce Examples | Duration | Formalities (Aust. only) |
(Computer programs are protected as literary works) |
Computer programs,1 fonts, potentially websites and components of websites. |
Generally, 50 years after the death of the creator.2 |
None. Copyright protection is automatic |
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Any device, substance, method or process, which is new, inventive and useful. |
Business method (eg one-click shopping cart); software, new type of hardware. |
Renewable annually up to a maximum of 20 years.3 |
Application for grant of patent made to IP Australia. |
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A word, phrase, letter, number, sound, smell, shape, logo, picture or packaging used to distinguish the goods and services of one trader from another. |
Windows, Microsoft, Hotmail, MS-DOS, PowerPoint, Dell, Adobe Acrobat,
Amazon.
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Initially for 10 years and renewable indefinitely |
Application for registration made to IP Australia. |
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Confidentiality/ Trade Secrets |
Any process capable of being kept secret eg reverse engineering is unlikely |
Ideas, customer lists, business methods. |
Until information loses its secrecy. |
None |
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New and distinctive designs; visual features including shape, configuration, pattern and ornamentation which give the product a unique appearance. |
Computer, keyboard mouse, game consols and telephone designs. |
Initially 5 years and renewable for a further 5 years. |
Application for registration made to IP Australia |
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Passing Off |
Trade marks, brand names, product packaging, advertising campaigns. |
Domain names, names around which goodwill has been acquired. |
Indefinite as long as the goodwill subsists. |
None |
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Original layout designs for integrated circuits and computer chips. |
New designs of integrated circuits and computer chips |
10 years from creation or 10 years from first commercial exploitation |
None |
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