( Australian Government, Attorney- General’s Department, Short Guide to Copyright, 6) Trade marks Remember that a registered trade mark is legally enforceable . Before applying for registration, you are advised to search the online database for existing trade marks which may affect the success of your registration. Once you submit an application and its information has been published, in most circumstances you cannot change the details of your application or add classes of goods and services. Application can be online or by paper, to IP Australia. An examination report will be issued to you, explaining their findings. If there are no issues, your application will be accepted and published. If there are issues, you have 15 months to overcome these. Once accepted, the application is published in the Official Journal of Trade Marks and third parties are able to oppose your application. If no oppositions are made, your application will be registered. Once registered, it will be legally enforceable. It can be renewed indefinitely, every 10 years (IP Australia, ).
39 WORKBOOK | © 2016 YOUNG RABBIT PTY LTD, AUSTRALIAN PACIFIC COLLEGE BSB51915 DIPLOMA OF LEADERSHIP AND MANAGEMENT | OPERATIONAL PLANNING_V2.4 Type of intellectual property Procedure for registering Patents A patent is legally enforceable. It gives you the exclusive right to commercially exploit your invention for the life of the patent. In exchange , you are required to disclose to the public how your invention works. You do this by filing a patent application that we will publish. (IP Australia . ipaustralia.gov.au/ Designs Remember that a registered design gives exclusive rights and protection to the owner. There are restrictions as to who can apply and how to apply. Applications should be made to IP Australia. The design must be clearly shown by a drawing or photograph. Your application will then be subject to a formalities check. If passed, it will be registered and advertised in the Australian Official Journal of Designs and made available on the Australian Designs Data Searching (ADDS) website (IP Australia ).
40 WORKBOOK | © 2016 YOUNG RABBIT PTY LTD, AUSTRALIAN PACIFIC COLLEGE BSB51915 DIPLOMA OF LEADERSHIP AND MANAGEMENT | OPERATIONAL PLANNING_V2.4 Type of intellectual property Procedure for registering Plant breeder’s rights If you have developed a new variety of plant, you should apply for plan breeder’s rights (‘PBR’) to protect it. A PBR gives you legally enforceable rights. The application should be made to IP Australia. Before making any application you are advised to conduct a search to see if your plant is new and distinctive. The application process is split into two parts. First, you complete an application which is followed by an initial assessment. Once accepted, the application is provisionally protected. The next stage is a growing trial which acts as evidence which IP Australia must then examine. This is a lengthy process. If examination is successful, a
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