Copyright in Australia is governed by the Copyright Act, 1968 (Cth).
Copyright exists for works like literary, dramatic, artistic and musical works. Copyright also exist for sound recordings, cinematograph films, sound and television broadcasts and published editions of works.
There are no formal requirements for registration of copyright, except for using the copyright symbol on the copyrightable work as soon as it is created.
There are various factors which determine whether copyright protection can be afforded in Australia. The factors to be considered are the residential status of the author, the place of making the copyrightable work and the place of first publication.
Copyright protection is given for the following duration:
Just like in Trademarks, once a copyright is created and secured, it becomes an asset of the author and can be monetised according to the author's desire.
A trademark identifies a particular good or service with the name or brand of the business. A business name or domain name are not trademarks unless they are registered as trademarks.
Once a trademark is created, it is extremely important for a trademark to be registered, in order for the trademark to have the maximum protection from any infringement. On registration of the trademark, the registration is valid for an initial period of 10 years and can be subsequently renewed for 10 year periods thereafter.
There are a few aspects which are required to be met in order for a Trademark to be registered. The most important aspect of all, is that the Trademark which is sought to be registered should be capable of distinguishing the applicant's goods or services from those of another.
There are various classes of goods and services under which a trademark can be registered. Deciding which class of goods or services to register will depend on various factors such as the existing business for which the trademark is being used, the future business for which the trademark might be utilised, etc.
As the business grows, the trademark will also grow in value through the brand and goodwill of the business. A major benefit of registering a trademark will allow the owner of the trademark to treat the trademark as an asset of the business and therefore the trademark can be monetised through assignments, licenses, joint-ventures and sale of business.
AJ has vast experience and knowledge in corporate and commercial laws and these are his views and opinions on issues commented upon here.