Other Aspects of Intellectual Property Law
Intellectual property law encompasses a variety of legal areas. Not only does patent, design and trade mark law come under the IP umbrella, but also copyright, plant variety rights, circuit design and layout, utility models, trade secrets and confidential information, licensing and IP portfolio management.
All forms of intellectual property are covered by legislative or common law, but vary depending on country and jurisdiction. Some in particular:
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers.
Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. There is considerable overlap with trade mark law and common law rights related to passing off and trade practices.
Plant breeders' rights or plant variety rights are the rights to commercially use a new variety of a plant. The variety must amongst others be novel and distinct and for registration the evaluation of propagating material of the variety is examined.
To talk to the expert attorneys in all fields relating to intellectual property, contact David or Roger on +61 3 9800 3434