Protect your ideas Intellectual property in regional Australia. davies.com.au. Protect your ideas A

Transcription

1 Protect your ideas Intellectual property in regional Australia davies.com.au Protect your ideas A

2 Innovation is the cornerstone of business success in the modern economy. Nowhere is this more apparent than in our rural and regional areas where creating and developing new ideas is vital for prosperity in a highly competitive world. But the full potential of new ideas can only be realised if they are properly protected and effectively commercialised. Globalisation has had a significant impact in regional areas, where the resources needed to build globally competitive businesses are scarce. However, as regional transport, communications and service infrastructure continues to improve, businesses are increasingly recognising the economic and social benefits of establishing operations in regional areas. As a result, many of Australia s provincial centres are transforming into vibrant hubs of innovation and economic development. Contact us Davies Collison Cave offers a free 30 minute discussion to get you started. Call us on: to talk about your ideas and how we can help you. For more information about Davies Collison Cave, visit our website at davies.com.au Developing and commercialising innovative new products and services is challenging and risky. To maximise their chances of success, businesses need access to high quality professional services, and the support of a range of specialist advisers. While the availability of these services is taken for granted in our capital cities, they are not as readily available in regional areas. 1 Protect your ideas

3 We assist individuals, small to mediumsized businesses, and large corporations to protect and commercialise intellectual property. What DAVIES COLLISON CAVE Offers From the beginning of intellectual property law in Australia, Davies Collison Cave has been protecting innovation. That s 130 years of history where we ve been serving our clients with passion and leadership. Davies Collison Cave is Australia s largest specialist IP firm. We recognise the considerable contribution of the rural and regional sector to Australia s economic wellbeing, and we have a strong commitment to supporting regional Australia with high quality IP services. We are renowned for our strategically focussed services in the full range of IP matters including: Patents Trade marks Trade secrets Domain names Copyright Designs Plant breeders rights Licensing Litigation IP management. We have specialists across all areas of technology and IP law, making us well equipped to safeguard your IP to meet your business needs. Australian Turntable Company has a powerful and committed focus on innovation and R&D. We have used the services of only Davies Collison Cave for the protection of our innovative specialist engineering expertise and designs for a number of years, and their approach has helped us navigate the very complicated field of Patent Law. The DCC team has, since our first meeting, forged a bond and trust imperative to ATC that will see us continue our relationship long into the future. I wholeheartedly recommend DCC as competent professional intellectual property attorneys and lawyers. Paul Chapman Executive Chairman of Australian Turntable Company Protect your ideas 2

4 What is intellectual property? Intellectual Property is a collective term that refers to legal rights that may exist in new products or processes that you create; names or logos you use to promote your business; or original material that you create, such as written documents, drawings and computer programs. There are several types of intellectual property, including the following: Patents protect new or improved products, methods or processes such as a computer-controlled solar power system, a new wine production process or an improvement to a piece of agricultural equipment. Trade marks are words, logos, phrases, sounds, smells, shapes, or aspects of packaging used to distinguish the goods and services of one trader from those of another. Well-known examples include Colorbond, Roundup and John Deere. Registered designs protect the new or original shape or appearance of goods that have a commercial or industrial use. Designs may be two dimensional, such as the decorative design applied to a fabric, or three dimensional, such as an irrigation fitting. Copyright protects an original way of expressing an idea (such as in original literary, artistic, dramatic and musical works) as well as films, sound recordings and broadcasts. Examples include operating manuals and training materials. Software is also expressly protected by copyright. Plant breeders rights protect new plant varieties, including genetically modified varieties. An example is a variety of disease-resistant wheat. Confidential information is commercial information (including trade secrets, know-how and other proprietary information) not generally known to the public that can be protected from disclosure or misuse. Examples of information that may be protected as confidential information include customer lists, manufacturing data, chemical formulations and business plans. 3 Protect your ideas

5 No matter what your issue, no matter where you are located, we have the resources and experience to serve you. Where do I start? What do I need to do to protect my intellectual property? Some intellectual property rights, such as copyright, arise automatically upon creation and do not need to be registered. Likewise, rights in confidential information arise from you keeping the information secret and limiting its disclosure and use. For other types of intellectual property, such as patents, trade marks and registered designs, there are formal procedures for seeking registration and thereby securing legal protection. Obtaining registration can be a complicated and sometimes lengthy process. We can advise you on the most appropriate form of protection for your circumstances, and undertake the application and registration processes on your behalf. This will ensure that pitfalls are avoided and will maximise your chances of obtaining relevant and enforceable rights. Through our extensive network of international associates, we can also assist you to protect your intellectual property outside Australia. How can I create value from my intellectual property? Remember that protecting your intellectual property is not an end in itself. Simply acquiring intellectual property rights will not guarantee that you will make money from your idea. It is important to use these rights effectively. The great thing about intellectual property is that it is an asset that can be exploited in many different ways. There are several options you can take to commercialise your intellectual property. You can use the intellectual property yourself, to protect aspects of your existing business, or as the basis for the creation of a new business. The exclusive rights that you enjoy as an intellectual property owner can give you a commercial advantage over competitors. If you don t propose to use your intellectual property in your business you can sell it outright. However, companies may not be prepared to pay for an idea, no matter how good it is, unless it can add value to their business. Therefore, it is important to have a realistic understanding of the scope and value of your intellectual property rights before you approach a prospective buyer. You can license your intellectual property, which means that you can grant other people rights to use your intellectual property, without giving up ownership. Intellectual property can be divided up and licensed to people in different territories, and for different purposes. If managed properly, licensing can be a very effective way of commercialising your idea. Protect your ideas 4

6 Why choose Davies Collison Cave? Davies Collison Cave has consistently been voted Australia s premier patent and trade mark firm by our industry peers. We specialise in protecting and commercialising innovation, and understand that this highly competitive area demands intellectual property advice that is informed, strategic and timely. Our people are leaders in their field, and include some of the most innovative thinkers in intellectual property. Many of them hold postgraduate degrees in their respective disciplines as well as having proven commercial experience. They are passionate about their work, and have been instrumental in the development of intellectual property policy for many years, not just in Australia, but internationally. Most importantly, our staff are committed to delivering the highest level of professional service to our clients, wherever they are located. This includes our regional clients. We are committed to country areas through a range of initiatives, including educational seminars and workshops, free preliminary discussions and advice, and support for local industries through sponsorship of events. We have also established a 1800 telephone number, so that regional clients can call us for advice without incurring call costs. 5 Protect your ideas

7 Protect your ideas 6

8 Our offices Sydney 255 Elizabeth Street, Sydney NSW 2000 T F Canberra Level 11, 60 Marcus Clarke Street, Canberra ACT 2601 T F Melbourne 1 Nicholson Street, Melbourne VIC 3000 T F Parramatta Level 15, Eclipse Tower 60 Station Street East, Parramatta NSW 2150 T F Brisbane Level 10, 301 Coronation Drive, Milton QLD 4064 T F Newcastle 265 King Street Newcastle NSW 2302 T F Geelong Deakin Management Centre Geelong Waurn Ponds Campus Deakin University Waurn Ponds VIC 3216 Call us on to talk about your ideas and how we can help you. Cover image: Close-up of sunflower bloom. davies.com.au The contents of this brochure are not intended to be, nor are they, a complete statement of the law on the particular subject matter and are for information purposes only. This brochure is not a substitute for professional advice. Copyright 2013 Davies Collison Cave, all rights reserved. 7 Protect your ideas