Legal Responsibilites
What are the legal responsibilities you need to consider?
1 Intellectual Property
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Intellectual Property (IP) is a term that describes the application of the mind to develop something new or original.
It can exist in various forms; a new invention, brand, design or artistic creation.
Some forms of IP require a formal application and examination process before a right can be registered.
Other rights occur automatically without the need for a registration process.
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A Patent is a right that is granted for any device, substance, method or process that is new, inventive, and useful. A patent is legally enforceable and gives you (the owner), exclusive rights to commercially exploit the invention for the life of the patent. |
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A Trade Mark is used to distinguish the goods and services of one trader from those of another. A trade mark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. A registered trade mark is legally enforceable and gives you exclusive rights to commercially use, licence or sell it for the goods and services that it is registered under.
Design Registration is intended to protect designs which have an industrial or commercial use. A registered design gives you the owner, exclusive rights to commercially use it, licence or sell it. |
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Copyright protection is free and automatic in Australia and protects the original expression of ideas, and not the ideas themselves.
Common works protected by copyright are:
books / films / music / sound recordings / newspapers / magazines / artwork
Copyright also protects originally created:
typographical arrangements / databases / media broadcasts / computer programs / academic journals / CD compilations
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2 Safety, Standards and Regulations
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International Organisation for Standardization, known as ISO, derives from the Greek word isos meaning 'equal'.
It is the worlds largest developer of International Standards.
Manufacturers dislay the ISO award on the packaging of a product as a quality assurance of international testing for safety.
Example:
ISO 9001 relates to the quality of fibre in A4 Printer Paper |
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Compliance of products and services in the Australian market with Australian Standards is normally voluntary, unless the products or services are regulated by Government.
There are many types of standard in many different fields. Countries, such as Australia, can have their own Mandatory Standards but some standards are International.
The purpose of a mandatory standard is to make particular safety or information features on consumer products compulsory for legal supply of the product into the Australian market. |
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An example of an Australian Safety Standard could be the Bicycle Helmet. The mandatory standard for bicycle helmets covers:
* design
* construction
* safety markings
A bicycle helmet is designed to offer protection to the cyclist’s head during impact. It features a: shell liner retention strap fitted along the lower jaw area.
Click here to see the Standard for Bicycle Helmets
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