Copyright
Copyright covers textual material (literary works), films, sound recordings, broadcasts, computer programs, compilations, artistic, dramatic and musical works.
Term – the life of its creator + 70 years.
Patents
Inventions – devices, methods, processes
To secure a patent the invention must be novel, have inventive step and be useful.
Patents expire 20 years from filed date.
Registered Designs
Registered designs relate to the overall appearance of a product – shape, configuration, pattern.
There is a requirement that they must be new and distinctive.
Registered designs expire 10 years from registration.
Registered Trade Marks
Mark to distinguish goods and services in the course of trade – logo, image, word
Last for perpetuity subject to fees being paid.
Moral Rights
These are a component of copyright protection and refer to the ongoing rights of the creator.
They include:
• A right of attribution;
• A right not to have work/performance falsely attributed; and
• A right of integrity (including not subjecting a work or performance to derogatory treatment
Where copyright is assigned the creator still retains their moral rights. Moral rights cannot be assigned to a third party.
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Disclaimer
Ashbrooke Law publications are intended to provide guidance and general information. They should not be relied upon as legal advice. Formal legal advice should be sought on matters of interest arising from this article.