FAQs matching Intellectual Property

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What is the test for the lack of an inventive step under Australian patent law?

Practice Areas: Intellectual Property

In order for an invention to be patentable, one of the key requirements is that the invention in question must involve an inventive step. Since the initial...

What matters are considered when determining whether an authorised act infringes on copyright?

Practice Areas: Intellectual Property

Sections 36(1A) and 101(1A) via the Copyright Amendment (Digital Agenda) Act 2000, setting out the matters to be taken into account when determining...

What are the laws relating to copying music and film on the internet?

Practice Areas: Intellectual Property

There are a number of ways that music, movies and other types of media files can be shared, and the ease for which media can be distributed on the internet...

Are designs protected by trademark law in Australia?

Practice Areas: Intellectual Property

As with colour use, designs can provide a business and its products with a point of differentiation and registration gives you, the owner, exclusive legal...

Do employees own the copyright of a piece of work produced under a contract of employment?

Practice Areas: Intellectual Property

Under the provisions of Pt III s 35(6) of the Copyright Act 1968 (Cth) (the Act), a person who produces work either under a contract of service or apprenticeship...

I've developed a really simple but great app, but there are other similar apps. Can I still copyright it and sell it online?

Practice Areas: Intellectual Property

Yes, provided that:  It is the product of your own skill and effort; and/or You have utilised the work of others and there is no express...

Are ideas afforded protection under copyright law in Australia?

Practice Areas: Intellectual Property

There probably isn’t a person who would not be familiar with the movie Jaws. Even if you haven’t seen the film, you are probably aware of the...

How are designs registered as intellectual property?

Practice Areas: Intellectual Property, Intellectual Property, Intellectual Property & Information Technology

One or more people must apply for design registration, which must specify the owners of the design on the Register. Besides the designer, other parties...

How do the concepts of originality and ownership operate in copyright law?

Practice Areas: Intellectual Property

Section 35 of the Copyright Act 1968 holds that works must be original in order to be copyrighted. Copyright is automatic in Australia; unlike in the...

How are people allowed to post copyrighted material on social media?

Practice Areas: Intellectual Property, IT

When a brand or individual posts original content on social media, the creator retains ownership. However, licensing terms for most popular social media...

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