Apply Digital Solution to Work Processes

Question: Discuss about theApply Digital Solution to Work Processes. Answer: Types of Intellectual Property and Examples of each When one speaks of intellectual property, it refers to an entity using their own or combined ideas and knowledge to develop something which is supposed to be new and authentic. There are various kinds of intellectual properties present in Australia- Patents are rights which are created by law in relation to a substance, method, device or a process. The requirements for a creation to be registered as patent are that it should be novel, ready for usage and involves innovativeness (Bentley and Sherman, 2014). Examples of products that are usually patented in Australia are medical equipments, inventions in software, electrical devices etc. If there is any novel process or equipment which the company wishes to protect, they can patent it. Trademarks provide methods to identify a product or service which is unique. It helps customers to differentiate a particular business from others (Greenhalgh and Rogers, 2010). A trademark is often understood as a brand which assists the customer to identify the quality of the product. It can be a logo, signature, style of packaging, picture, smell, shape etc. With the help of a trademark, the company can safeguard their logos from infringement. Designs show the way a product looks the way it does. They include aspects like content, shape, pattern and intricacies. Examples of designs include design of currencies, medals etc. Copyright refer to concepts and ideas which are creative in nature. These ideas are documented through electronic ways. The ideas should be original. Examples of copyrights include academic journals, computer programs, art etc. With the help of copyrights, a company can safeguard the original ideas of their employees (Ricketson et al., 2012). Geographical indications recognise a product which comes out from a particular region, territory. The product derives a quality and feature owing to its geographical origin. Examples include Australian wine. Australian Patent, Design and Trademark Databases to be Searched to Ensure Ideas are novel and does not Infringe others Rights With relation to patents, Australia has its own patent search system known as the AusPat. They serve as a very reliable and non exhaustive search system with relation to data on patents. It provides a free patent search tool for gathering information pertaining to Australian patents. This particular database on the full text searching was first released in the month of December of 2010. The database was already having 50% of its complete collections. There is a service called as the eDossier which gives the customers accessibility to a range of documents with relation to suits on patent applications (Moir and Palombi, 2013). Prior to the application for a trademark, proper search needs to be done to ensure that there are no existences of similar trademarks which are either registered or are pending for registration. The Australian Government has their search engine in relation to trademark searches known as Australian Trademark Online Search System (ATMOSS). Other than this search engine there are other things to be done (Clarke et al., 2011). Trademark classification search helps the individual or organisation to determine the class into which their particular product or service falls into and if other people are using similar trademarks in that class. With respect to designs, the Australian government have their particular designs database known as the AU Designs Data Searching which provides updated information on design registration and application present from the year 1986 (Lee and Sunder, 2014). List of Intellectual Property Rights which can be Used as a Part of the Infringement Strategy If the individual holds a patent to a process or invention and the person finds out that the patent is being copied and used without the persons perusal, certain strategy should be followed. The person can appoint a patents lawyer and send a letter of warning to the person infringing the patent. The person can opt to settle the issue through out of court settlement. The person can eventually sue the infringer in the court (Harris et al., 2013). This is completely dependent on what result the aggrieved person seeks. In case of trademarks, the person holding the trademark can display the symbol to show that the trademark has been registered. The person should update the details pertaining to address prior to the renewal of the trademark. The person has the right to oppose the registration of another trademark if he suspects it to infringe his own (Lemley, 2012). In case of designs, the person has to first get his design examined and should obtain a certificate of examination. Once the design is proved to be valid, the person is provided rights. If the person suspects the design to be infringed he should hire an IP professional. He can ask for a hearing proceeding to contest the right of the infringing party. Acts and Regulations Administered with Respect to Australian Intellectual Property With respect to patents there are certain Acts and regulations that are present. The Patents Act 1990 (Cth) (Patents Act) gives the present legal structure which governs the aspects of granting and administering of the patents applied in Australia (Nielsen et al., 2010). The Patents Regulations 1991 helps in administering of patents, outlines the functions and powers of the Commissioner of patents. For trademarks the main legislations and regulations are the Trademarks Act 1995 and the Trademarks Regulations 1995. These legislations speak about administration of trademarks. They also outline the powers and functions of the Registrar of trademarks (Bouchoux, 2012). The Copyright Act 1968 and the Copyright Amendment Act 2006 list the major provisions pertaining to administration of copyrights. The Designs Act 2003 and the Designs Regulations 2004 outlines the structure for the grant and administration of designs including industrial designs in Australia. References Bently, L. and Sherman, B., (2014).Intellectual property law. Oxford University Press, USA. Bouchoux, D.E., (2012).Intellectual property: The law of trademarks, copyrights, patents, and trade secrets. Cengage Learning. Clarke, M., Seng, D. and Whiting, R.H., (2011). Intellectual capital and firm performance in Australia.Journal of Intellectual Capital,12(4), pp.505-530. Greenhalgh, C. and Rogers, M., (2010).Innovation, intellectual property, and economic growth. Princeton University Press. Harris, T., Nicol, D. and Gruen, N., (2013). Pharmaceutical Patents Review. Lee, P. and Sunder, M., (2014). Design patents: law without design. Lemley, M.A., (2012). Intellectual property and shrinkwrap licenses. Moir, H.V. and Palombi, L., (2013). Patents and Trademarks: empirical evidence on'evergreening'from Australia. Nielsen, T.D., Cruickshank, C., Foged, S., Thorsen, J. and Krebs, F.C., (2010). Business, market and intellectual property analysis of polymer solar cells.Solar Energy Materials and Solar Cells,94(10), pp.1553-1571. Ricketson, S., Richardson, M. and Davison, M., (2012).Intellectual property: cases, materials and commentary. LexisNexis Butterworths.