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12 results

  • 17 - Intellectual property
  • Mark Giancaspro, University of Adelaide, Gabrielle Golding, University of Adelaide, Beth Nosworthy, University of Adelaide, David Brown, University of Adelaide, Jessica Viven-Wilksch, University of Adelaide, Alexandra Wawryk, University of Adelaide, Sylvia Villios, University of Adelaide, Paula Zito, University of South Australia
  • Book: Contemporary Australian Business Law
  • Published online: 14 February 2023
  • Print publication: 14 February 2023, pp 448-479
  • View extract

    Summary

    This chapter considers how intangible assets that businesses develop, such as inventions, designs and brands, as well as business ideas and information, can be protected pursuant to Australian intellectual property (IP) laws. It identifies that various IP rights are protected by statute, while others are protected pursuant to common law. It explains that some forms of intellectual property require businesses to apply and register for protection before an IP right can be claimed, such as designs, patents and trade marks, while others, such as copyright, dont require any application or registration. The chapter highlights that an array of IP rights can be used to protect different aspects of a business’s goods and/or services. For example, a business’s product might have a patent that attaches to it regarding how it works, a registered trade mark protecting its brand name, and a design for its appearance. The more IP rights that can be used to protect a particular good or service, the more defiant the good or service will be to imitation and competition.

Contemporary Australian Business Law
  • Contemporary Australian Business Law
  • Mark Giancaspro, Gabrielle Golding, Beth Nosworthy, David Brown, Jessica Viven-Wilksch, Alexandra Wawryk, Sylvia Villios, Paula Zito
  • Published online: 14 February 2023
  • Print publication: 14 February 2023
  • View description
    Australian businesses operate within a complex legal environment, so it's important students and professionals understand their legal obligations. Contemporary Australian Business Law is an authoritative text that makes key legal concepts accessible to business students, while maintaining academic rigour. Written for business students new to studying business law, this text introduces the fundamental legal topics encountered in business, including contracts, business structures, taxation, property and employment. Discussion in each chapter strikes a balance between accessibility and detail to assist understanding of these complex legal issues. A hypothetical scenario running through each chapter scaffolds learning and provides relevant real-world examples of the law in practice. Each chapter includes margin definitions, case boxes that guide students through landmark business law cases, and practice problems that test students' ability to apply their knowledge to realistic situations. Written by experts, Contemporary Australian Business Law is an essential introduction to the Australian legal system for business students.