Copyright

Bvlgari Snake Head Design Enjoys Copyright in China

In April 2021, the Beijing Intellectual Property Court (‘BIPC’) announced its ruling in relation to a China National Intellectual Property Administration’s (‘CNIPA’) decision by deciding in favor of Bvlgari. The matter related to a trade mark application filed by Mr. Liu Rongjun in class 18 that consisted of a “snake head” design that resembled Bvlgari’s […]

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Copyright Protection of a Logo

A logo trade mark is an artistic work that functions to distinguish the brands of traders in the market. Logos are a visual representation of the brand of a company and can be protected both under trade mark law as denoting the origin of a supply and copyright law as an artistic work. Trade marks […]

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Copyright Protection of a Logo - W3iplaw

Copyright Protection of a Logo

“God holds the copyright, as the sole author of life.” ― Gift Gugu Mona Visual brand elements such as logos are protected under the law of copyright and also trade mark law. Copyright consists of exclusive rights to do acts in Australia with respect to a work for the duration of copyright in that creation. A […]

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Who Owns the Copyright in an Interview or Social Media Post?

We live in a world where a “tap” or a “click” can make a big impact. Social media and technology have made it possible for you to show intimate details of your life to millions of people. Images of “#wokeuptoday”, #FOTD or food of the day, mommy goals, where you are spending your vacation and […]

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Author’s Copyright Protection

The author/s of a work is the first owner of copyright in that work. The rule originated in the Statute of Anne (Copyright Act 1710 passed by the Parliament of Great Britain) and is reflected today in s35 of the Copyright Act 1968(Cth). Exceptions to the rule apply in respect of works produced by employee […]

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ACCC Putting Foot Down, Demanding Transparency and Accountability from APRA

There are many copyright users who wish to make use of copyright works under a statutory licence or a voluntary licence scheme. These types of licence are administered by collecting societies who collect licence fees from copyright users. Collecting societies act as “one stop shops” for the licensing of various types of copyright works and […]

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Is “Innocent” Copyright Infringement a Defence to Copyright Infringement?

Copyright is a form of legal protection automatically provided to the authors or creators of original works. Copyright protection is a very inclusive IP right in intangible property and protects the expression of creative matter. It applies to works that are literary, musical, dramatic, choreographic, photographic, architectural and artistic. Copyright protection only applies to tangible […]

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Intellectual Property in the Workplace: to whom does it belong?

In the Information Age, intellectual property is a very valuable asset of your business. Most successful businesses, large and small, are built on intangible assets or IP. Intellectual property can be in the form of a copyright, for example, a short story or a drawing, a patent for an invention, or a trademark for a […]

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Websites and Copyright

When you are building a website to advertise and promote the supply of your goods or services, it is important to keep your intellectual property rights and the intellectual property rights of others. Copyright Issues Copyright does not protect ideas, but rather the material form in which the ideas are expressed. The component parts of […]

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Copyright Infringement in a Computer Program

Computer programs are protected as a literary work under the Copyright Act 1968 (Cth). A “computer program” is defined as a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. The High Court in Data Access v Powerflex (1999) in examining the […]

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