Intellectual Property (IP) is a term used to describe a bundle of intangible rights designed to protect the outcome of intellectual activity, endeavour or innovation. It includes copyright, trademarks, patents, designs, circuit layouts, business names, plant breeder’s rights, confidential information and in some cases reputational issues. Different laws apply to different forms of IP, however the goal is always the same – to grant protections to any party who creates these rights, who comes to own them, or who acquires the right to use them. The legal services needed when IP issues arise varies. They generally include services connected with:
- the registration and protection of IP (e.g. trademark or patent registration);
- commercialisation (e.g. joint venture and collaborative agreements, research and development agreements, funding agreements, licences and distribution agreements); or
- infringement (e.g. cease and desist letters, dispute resolution or litigation).
Argon Law now offers many of the above services.
Copyright is one of the most common forms of IP. It does not exist in ideas alone, but rather the expression of detailed and original ideas reduced to a material form. These expressions are called ‘works’. The Copyright Act protects different kinds of works - the most common being literary, artistic, visual and dramatic works. Films, television broadcasts, sound recordings and computer programs are also protected.
Please call us if you need help in respect to the protection or breach of copyright.
A trademark is a sign that is used or intended to be used, to distinguish goods and services in trade from the goods and services of others. Trademarks can be registered or unregistered, however, protection is generally greater and easier if marks are registered. Registered trademarks are protected under the Trade Marks Act. This gives registered owners the right to exclude others from using marks that are substantially identical with, or deceptively similar to the original mark in the same or similar category or class.
Please call us if you need help in respect to the registration or protection of trademarks.