Intellectual Property Law.
At Abbotts and Co Lawyers one of our guiding principles is to “Dream things that never were and ask why not.” With that in mind we love being inspired by creative and imaginative people, who not only just think outside the box, but take that restrictive box and burn it down.
CREATIONS OF THE MIND
Intellectual Property Lawyers for Copyright, Trademarks, Patents & Design Rights.
Intellectual property refers to creations of the mind; those ideas born from sparks of brilliance or raw emotional expression. The law in this area is about protecting those intangible assets and ensuring that they remain yours and yours alone.
Common examples of intellectual property involve artistic and literary works, designs, logos and scientific invention.
Along with Copyright there are also several other intellectual property rights which may be registered. These being trademarks, patents, design rights and plant breeder rights.
At Abbotts and Co Lawyers we understand that dealing with all the legal details can be a total brain drain, a block on your brilliance, and a destroyer of the vibe. Let us step in and take care of all the details so that you can get back to leaving your mark on the world and generally being awesome.
What is Copyright?
A copyright is an automatic protection given to someone in relation to their original expression. This may include an artwork, book, poem, song, film, software, or other non-commercial design. The right exists as soon as the idea is documented and, in most cases, exists for 70 years after the death of the creator.
As the name suggests the basic principle of copyright is that no other person is able to make copies or reproductions of your work. However, to enforce a copyright you will need to be able to show that there is a connection between the works. There will be no breach if the second person independently came up with the same idea.
Copyright law is currently undergoing a renaissance as creators seek to adjust to an ever-evolving online environment, where an expressed idea can be shared, stolen, sampled and inspire countless global variations, all before you finish brekky.
What is a Trademark?
A trademark is an important tool in helping you to shape and protect your overall brand. It may involve a logo, a word or phrase, an image, colour, sound, scent, or specific movement. It’s all about protecting that special “thing” which helps you to stand out from your competition.
In a culture dominated by branding – both personal and commercial – we all know the connections, emotions, and sense of loyalty an effective brand can ignite within us. How many times have the golden arches enticed you to stop along the highway, felt immediately thirsty by the curves of a coke bottle, or recalled nostalgic memories just sighting Barbies’ bright shade of pink.
Registration of a trademark provides an exclusive use. If you fail to register your valuable mark, then it is possible for someone else to come along and use a similar name, slogan or logo. In the very worst of circumstances they may register first, preventing you from continuing to use your carefully crafted brand element.
How do I register a Trademark?
Registration of a trademark takes place via IP Australia. Knowing that the registration process can quickly become overwhelming and complex, we love to jump in and assist. Abbotts & Co Lawyers enjoy the process of helping you define, document, and protect your unique qualities so that you are ready to make your mark on the world.
What is a Patent?
A patent is a legal protection granted in relation to a brand-spanking-new device, substance, method, or process. Once granted the inventor holds an exclusive monopoly over the invention. From television and iPhone, ballpoint pens and Bluetooth, jet engines and the production of penicillin, almost all the things we regard as essential for modern day life all started out as a patented idea.
Thomas Edison, the inventor of the light bulb which continues to illuminate our homes, once remarked that “genius is 1% inspiration and 99% perspiration.” At Abbotts & Co Lawyers, we understand that developing a new idea comes with significant stress, uncertainty, and hard work. With that in mind we suggest protecting the fruits of your genius with a patent.
When submitting a patent application the devil is in the detail; you must be able to clearly demonstrate that the invention is useful and different enough from what already exists. If you believe you have come up with the ‘next big thing’ we encourage you to contact us so we can help to bring your ‘lightbulb moment’’ ideas into reality.
Design Rights
Design Rights protects the overall appearance of a new product; it likely involves a unique combination of colour, shape, materials, pattern, and other design elements. For your design to be registered it needs to have a physical form and be manufactured on a commercial scale.
Like with Trademarks, registration of a design takes place via IP Australia. At Abbotts & Co Lawyers, we love seamlessly guiding our clients through the entire process, helping them to bring their dream designs to perfect fruition.
LOOSE LIPS SINK SHIPS
What about Trade Secrets?
As the name suggests a trade secret is that “secret thing” which gives your business an edge. Where would KFC’s Colonel be without his mysterious “herbs and spices” and what madness would occur if Instagram’s algorithm for social fame was released to the world.
As the old saying goes “loose lips sink ships.” Although we are pretty sure it was an iceberg and not scandalous gossip which took down the Titanic, we do know the damage that can be done to a business if their trade secrets are shared with competitors and wider society.
A trade secret is not something which can be protected by intellectual property registration; rather it is up to the individual business to take measures to secure their competitive advantage. The best way of doing this is with effective and personalised confidentiality/ non-disclosure agreements.
If you feel you have a trade secret worth protecting, Abbotts and Co Lawyers can assist you to ensure your business has all of the contractual arrangements in place to keep your secrets guarded.
PROTECTION FOR THE NATURAL MUSE
Plant Breeder’s Rights
With a jungle of exotic house plants and being partial to a ripe ‘Granny Smith’ apple, our Principal Kieran Abbotts has a deep appreciation for the value of plant breeder’s rights (PBR) and plant related innovation.
In Australia the breeder or a new and distinct variety of plant can register their important discovery. Once granted the breeder has a monopoly over that plant for 20 years (or 25 years in the case of trees and vines). This exclusive right allows the breeder the opportunity to profit from their research, investment, and development of that new species.
To be granted a PBR it is important to demonstrate that the variety is:
Distinct;
Uniform (in visual or other measured characteristics); and
Stable (able to be replicated in further propagation).
If you have been out in the back garden and cultivated the mythical black rose, grown a flowering lotus tree, or unearthed a screaming mandrake it might be time to get in touch so that we can protect your natural discovery.
DEFENDING YOUR RIGHTS TO FREE YOUR MIND
Intellectual Property disputes
If you become aware that someone is using or abusing your intellectual property you should act without delay. At Abbotts and Co Lawyers, we can swiftly assist by notifying the other party that they are in breach of your rights, obtain injunctions and where appropriate, seek out compensation for damage.
CREATIVES, WE HAVE YOUR BACK
Intellectual Property Lawyer NSW
Just like with your home your intellectual property can hold great financial and sentimental value. At Abbotts and Co Lawyers, we are passionate about protecting our inspired and creatively minded friends. We want them to shine bright and receive all of the benefits which flow from their colour, craft and overall brilliance.
If you are an artist or poet, a writer or producer, inventor, or simply a dreamer, we warmly welcome you into Abbotts and Co Lawyers.