INTELLECTUAL PROPERTY RIGHTS
Right Type of Work protected eCommerce Examples Duration Formalities (Aust. only)

Copyright

  • Original literary, artistic, dramatic and musical works

  • Films, sound recordings and broadcasts

  • Published editions

(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

Patent

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.

Trade Marks

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. 

 

Initially for 10 years and renewable indefinitely

Application for registration made to IP Australia.

         

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

Designs

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

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

Circuit Layout Rights

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