IP
Types of intellectual property
Here are the main forms of Intellectual Property (IP) in Australia:
| Copyright | Trademarks | Patents | Design | |
| Applies to |
Literature, film, music, computer programming, visual art |
Logos, phrases, unique branding elements |
Inventions and processes (including pharmaceuticals) |
Product design |
| Requires registration? | No | Yes | Yes | Yes |
The rest of this page provides more information on these forms of IP.
There are also trade secrets, plant breeder's rights, and protection for circuit layouts.
Fore more information about all types of intellectual property, visit IP Australia.
Copyright
- Copyright - for copyright ownersLearn about how long copyright lasts and what your automatic legal rights are, as a creator of content.
- An Introduction to Copyright in Australia (fact sheet) - Australian Copyright CouncilThis PDF (309 KB) provides a general introduction to the copyright system in Australia.
- Copyright in Australia: Find an Answer - Australian Copyright CouncilThe page lets you browse for factsheets based on different professions and types of media.
Copyright at UniSA
Video length: 2 min 52 sec
Visit the Copyright Guide for information on how copyright is managed at UniSA.
Trademarks
- What is a trademark?Learn about the aspects of trademarks and why you might need to register one.
- Trademark basicsLearn the purpose of a trademark and how to maintain one.
- Statement of goods or servicesDid you know you have to register a trademark in relation to a specific type of goods or service? This page explains this in further detail.
Trademarks in the news
Answer:
Company logos such as the KFC and the UniSA logo are examples of Trademarks that are also protected under the Copyright Act as artistic works.
Trademarks are used to distinguish the goods or services of one trader from another, whereas copyright protects the original expression of ideas not the ideas themselves.
Logos, words, letters, numbers, colours, a phrase, sound, scent, shape, picture, aspect of packaging or branding - or any combination of these can receive protection as trademarks under Trademarks law. Content protected by copyright include drawings, art, literature, music, film, broadcasts, computer programs.
Use of company logos within UniSA teaching materials is permitted under the Australian Copyright Act provided:
- Copying is for the non-commercial and educational purposes of the University
- Copying limits are applied
- Access is restricted to UniSA Staff and Students
- A Copyright Notice is displayed
Guidelines for complying with these conditions is available at Finding and using resources for your course.
We recommend you add registered™ at the end of the image and indicate the date you accessed the logos on the relevant website (the date is quite important to mention as logos change over time due to rebranding).
Where trademarks are being used in manuscripts being submitted for publication, permission from the rightsholder (generally the company) will be required. For advice on seeking permission, please complete our online Permission request form.
Patents
- Patent basicsAustralian Government site explaining the basic definition of a patent, and the different types available. This will help you decide if a patent is right for you.
- What can be patentedA list of what can and can't have a patent registered.
- The LensThe Lens allows you to search for registered patents around the world.
- Patents & Standards GuideView this guide created by the UniSA library to find out more about finding and applying for patents.
Here are two case studies on patent application in Australia:
- Stormseal - 'Sealing success with patent protection'A study on how Stormseal commercialised its patented technology.
- Knog - 'Shining a light on IP protection'Melbourne company, Knog, discusses the value of their intellectual property.
Business names and website names
Although a business name isn't technically intellectual property, it's still important to make sure names are appropriately registered for your needs, and to protect you from someone else using your name.
- Difference between trade marks and business names- business.gov.auLearn about the different rights associated with registering a business name, compared to registering a trademark.
- Register a business name - business.gov.auLearn about how to register a business name in Australia.
- Register a website domain name - business.gov.auLearn about registering a web address and how this differs from registering a business name or trademark.