Kinh tế học - Chapter 17: Intellectual property

This is the prescribed textbook for your course.Available NOW at your campus bookstore!Copyright © 2000 McGraw-Hill AustraliaIntellectual propertyChapter 171Copyright © 2000 McGraw-Hill AustraliaCopyrightCopyright - The right to prevent the unauthorised reproduction by a third party of the tangible form in which a person has chosen to express his ideas.Statute - Copyright Act 1968 (Cwlth)Substance of Statute - Protects expressions of ideas (not the idea itself).2Copyright © 2000 McGraw-Hill AustraliaCopyrightSubject MatterCATEGORIESORIGINAL WORKS OTHER THAN WORKS  Literary  Sound recordings  Musical  Films  Dramatic  Published editions  Artistic of works3Copyright © 2000 McGraw-Hill AustraliaExamples  Dramatic Work - Ballet Artistic Works - Paintings - Sculptures - Drawings4Copyright © 2000 McGraw-Hill AustraliaOwnership of copyrightAuthor - Employer, where author under contract of service or apprenticeship - Person who commissions and pays for work - Maker of sound recording or film5Copyright © 2000 McGraw-Hill AustraliaDuration of protectionPublished work (i.e. supplied to public) - 50 years after death of ownerUnpublished work - 50 years after publication for first time6Copyright © 2000 McGraw-Hill AustraliaInfringement of copyrightOriginal Works - By person performing any of the various acts in respect of the work without authorisation or consent of owner of copyright. Eg. * Reproduction (i.e. copying) in a material form the whole or substantial part of a literary, dramatic, musical or artistic work. * Importing copies of an original work for sale, hire, exhibition or distribution. * Performance of a work in public, or broadcasting of a work without consent of the owner.7Copyright © 2000 McGraw-Hill AustraliaDefences to infringement of copyrightUse of insubstantial partsFair dealing - research or study - criticism or review - reporting of news - giving of professional advice by a legal practitioner or a patent attorneyEducational copying - if adequate records maintained to enable compensation to owner of copyrightPublic readingsPerformances at homeCopyright work in librariesIncidental appearances of artistic work in films or television broadcasts8Copyright © 2000 McGraw-Hill AustraliaRemedies for infringement of copyrightInjunctionDamages e.g. Loss sustained Account of profits Torts of conversion and detinue- Anton Pillar Order9Copyright © 2000 McGraw-Hill AustraliaCopyright TribunalThe Copyright Tribunal is authorised to hold an inquiry into matters relating to copyright.10Copyright © 2000 McGraw-Hill AustraliaCopyright Amendment (Moral Rights) Act 2000 (Cwlth)Rights of Attribution and Integrity (Moral Rights):for authors of literary, dramatic, musical, or artistic works.for directors and producers of cinematographic filmcoveringthe right of attribution (right created identified)the right not to have works falsely attributed (creator has right to prevent others claiming work)the right of integrity (right to protect work from derogatory treatment) 11Copyright © 2000 McGraw-Hill AustraliaCopyright Amendment (Moral Rights) Act 2000 (Cwlth)Defence: ReasonablenessRemedies: Damages Injunction Public Apology Order Remove the infringement Reverse the infringement 12Copyright © 2000 McGraw-Hill AustraliaCopyright Amendment (Digital) Agenda Act 2000 (Cwlth) Purpose: To extend copyright law protection into the electronic environment. 13Copyright © 2000 McGraw-Hill AustraliaDesignsStatute - Designs Act 1906 (Cwlth)Substance of Statute - Protection for the visual forms of articles that can be produced.Subject Matter - Featuring a shape, configuration pattern or ornamentation - Manufactured - Observable - New or originalExamples - Building Materials - Jewellery - Cutlery14Copyright © 2000 McGraw-Hill AustraliaDuration of protectionRegistration for one yearMay be extended to six yearsMay be extended twice more by five years15Copyright © 2000 McGraw-Hill AustraliaInfringement of designsImporting, producing or selling an article of similar design, without consent of the owner.16Copyright © 2000 McGraw-Hill AustraliaTrade marksStatute: Trade Marks Act 1995 (Cwlth)Substance of Statute: Enables providers of goods and services to distinguish their goods and services.Subject Matter: Any combination of: - letter - brand - word - heading - name - label - signature - ticket - numeral - device - shape - colour - sound - scent - aspect of packagingExamples: Deodorants Air freshener sprays Brand names Logos17Copyright © 2000 McGraw-Hill AustraliaRegistration of trade marksRegister maintained at Trade Marks Office.18Copyright © 2000 McGraw-Hill AustraliaTypes of trade marksDistinguishing trade marksCertification of trade marksDefensive trade marksCollective trade marks 19Copyright © 2000 McGraw-Hill AustraliaDuration of protectionInitially for ten years, then renewed indefinitely for successive periods of ten years.20Copyright © 2000 McGraw-Hill AustraliaObjective of trade marksProtect goodwill associated with trade markExclusive rights to use trade markAsset included in business valuationMay assist with franchising and licensing21Copyright © 2000 McGraw-Hill AustraliaInfringement of trade marksUse mark similar to registered trade mark, in order to deceive.Tort of passing off.22Copyright © 2000 McGraw-Hill AustraliaRemedies for infringement of trade marksInjunctionDamages - Loss sustained - Account for profits23Copyright © 2000 McGraw-Hill AustraliaPatentsStatute: Patents Act 1990 (Cwlth) Patents Cooperation Treaty 1970Substance of Statute: An inventor has the sole and exclusive right to exploit and to authorise another to exploit an invention.Subject Matter: Involves - a manner of manufacturing - novelty - practical useExamples: Inventions - Machines - Drugs - Processes - Treatments24Copyright © 2000 McGraw-Hill AustraliaApplication for patentApplication for patents through Patents Office.  Prerequisites - Disclosure - Prove application meets the requirement of being ‘novel’ - Tested against publications (written, oral or in use) anywhere in the world 25Copyright © 2000 McGraw-Hill AustraliaDuration of protectionPetty Patent: Initially for twelve months, extended up to six years.Innovation Patent: Replacement of Petty Patent for a maximum of eight years. Standard Patent: Twenty years.26Copyright © 2000 McGraw-Hill AustraliaInfringement of patentsIf invention is copied by manufacturing or supplying goods whose use would infringe the patent.27Copyright © 2000 McGraw-Hill AustraliaDefences to infringement of patentsAt date of infringement, defendant was not aware of existence of patent.28Copyright © 2000 McGraw-Hill AustraliaRemedies for infringement of patentsInjunctionDamages - Loss sustained - Account for profits29Copyright © 2000 McGraw-Hill AustraliaTort of passing offPerson seeks to pass their own goods or services off as the product of a more successful competitor.30Copyright © 2000 McGraw-Hill AustraliaElements of tort of passing offMisrepresentation is made.Misrepresentation is made by a trader in the course of trade.Misrepresentation is made to prospective customers of the trader, or ultimate customers of goods or services supplied by the trader.Misrepresentation is calculated at injuring the business or goodwill of another trader.Misrepresentation must cause actual damage to the business or goodwill of the trader who is suing.31Copyright © 2000 McGraw-Hill AustraliaConfidential information (common law)Substance: Restrains a person from using confidential information obtained from another, when they do not have the consent of the other party.Subject Matter: - Information has nature of being confidential - Information received in circumstances where obligation of confidence is expressed or implied - Information communicated to a third person without permissionExamples: Trade Secrets Government Information 32Copyright © 2000 McGraw-Hill AustraliaRemedies for infringement of confidential informationInjunctionAnton PillarDamages33Copyright © 2000 McGraw-Hill Australia