Copyright and Patents (LAWS50057)

This subject is concerned with the grant of proprietary rights over the products of the intellect - i.e. with intellectual property. The particular intellectual property subject matters considered are creative works and industrial inventions. Copyright and patents are the legal means for granting exclusivity to these subject matters that are explored in detail. It is a field of great private and public significance. The economy is increasingly driven by intellectual property, meaning that this is a major area of private commercial interest. But it is also an area of growing public controversy, in which the need to provide incentives and protection for private endeavour must be weighted against societal interests in accessing valuable information-based goods.

The principal topics covered in the subject are:

• Copyright - the protection of works and other subject matter under the Copyright Act 1968 (Cth);
• Design registration - the protection for distinctive-looking mass-produced items under the Designs Act 2003 (Cth), and its relationship with copyright protection;
• Patents - the protection of inventions under the Patents Act 1990 (Cth); and
• Breach of confidence - the protection of trade secrets under the equitable action to restrain a misuse of confidential information, and its relationship to patent protection.