Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- Table of statutes
- Table of cases
- 1 Introduction
- 2 Passing off
- 3 Registered trade marks
- 4 Exploitation of registered trade marks
- 5 Copyright: Introduction
- 6 Subsistence of copyright
- 7 Authorship and first ownership, nature of the rights and duration
- 8 Exploitation, infringement and defences
- 9 Moral rights, performers' rights and circuit layouts
- 10 Designs
- 11 Equitable doctrine of breach of confidence
- 12 Patents for inventions: introduction
- 13 Patents for inventions: validity
- 14 Patents for inventions: allocation of rights and ownership, the Register and dealings
- 15 Patents for inventions: exploitation, infringement and revocation
- 16 Plant breeder's rights
- 17 Remedies and miscellaneous issues
- Appendix
- Index
1 - Introduction
- Frontmatter
- Contents
- Preface
- Acknowledgements
- Table of statutes
- Table of cases
- 1 Introduction
- 2 Passing off
- 3 Registered trade marks
- 4 Exploitation of registered trade marks
- 5 Copyright: Introduction
- 6 Subsistence of copyright
- 7 Authorship and first ownership, nature of the rights and duration
- 8 Exploitation, infringement and defences
- 9 Moral rights, performers' rights and circuit layouts
- 10 Designs
- 11 Equitable doctrine of breach of confidence
- 12 Patents for inventions: introduction
- 13 Patents for inventions: validity
- 14 Patents for inventions: allocation of rights and ownership, the Register and dealings
- 15 Patents for inventions: exploitation, infringement and revocation
- 16 Plant breeder's rights
- 17 Remedies and miscellaneous issues
- Appendix
- Index
Summary
The nature of intellectual property
Intellectual property is now a term that is widely used within both the legal professionandsociety at large. Despite this extensive use,acomprehensive definition of the term remains elusive, especially as some forms of ‘intellectual property’ such as ‘sweat of the brow’ copyright are not intellectual and others, such as confidential information, are very arguably not property. On the other hand, most forms of intellectual property are clearly regarded as just that – forms of property that are recognised as flowing from the exercise of intellectual activity. For example, patents, designs, plant breeder's rights, copyright and registered trade marks are expressly stated by legislation to be property. In addition, various statutory requirements evidence the need for the exercise of intellectual activity to obtain that property status. For example, patent applications must demonstrate an inventive step before they acquire registration and literary, dramatic, musical and artisticworks must be original in order to qualify for copyright protection.
In the absence of a satisfactory exhaustive definition of intellectual property, probably the best that can be done is to rely upon an inclusive list of categories of legal rights that are generally recognised as constituting intellectual property. Article 2(viii) of the Convention Establishing the World Intellectual Property Organization states that:
‘intellectual property’ shall include the rights relating to:
– literary, artistic and scientific works,
– performances of performing artists, phonograms, and broadcasts,
– inventions in all fields of human endeavor,
– scientific discoveries,
– industrial designs,
– trademarks, service marks, and commercial names and designations,
– protection against unfair competition,
and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
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- Information
- Australian Intellectual Property Law , pp. 1 - 19Publisher: Cambridge University PressPrint publication year: 2008