What is not protected by the Copyright Act in Australia?
Copyright does not protect inventions, brands, utilitarian objects or circuit layouts which are protected by other areas of intellectual property (IP) – patent, trademark, designs, plant breeder’s rights and circuit layouts respectively. IP Australia is the best place to go for information on these areas of law.
Is it illegal to sell counterfeit goods Australia?
To bring certain goods into Australia you may need an import permit or approval. Copyright piracy and trademark counterfeiting are illegal. You may be legally prosecuted if you buy pirated or counterfeit items over the internet.
What is covered by copyright Australia?
The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. Designs may be covered by the Copyright Act (as sculptures or drawings) as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.
How do I copyright a design in Australia?
To obtain protection for a design under the Designs Act, the owner must lodge a design application with the Designs Office at the Federal Government agency IP Australia (www.ipaustralia.gov.au).
Can you legally sell replicas?
Counterfeiting is the act of making or selling lookalike goods or services bearing fake trademarks. The sale of counterfeit goods (as described below) is illegal, as you’re probably aware.
Can you report someone for selling fake goods?
Report Counterfeit or Pirated GoodsReport Counterfeit or Pirated Goods. If you feel that you have been the victim of an intellectual property crime, you can report the crime by clicking on the button to the left, calling the IPR Center at 1-866-IPR-2060, or contacting a field office of the FBI.
Does copyright need to be registered in Australia?
No, there is no need to register copyright in Australia. Registration is only required in Australia for protections such as a trade mark, design or a patent (we’ve written about the different ways to protect your IP here).
How do I register a design in Australia?
This is the process for gaining registration:
- You file a design right application and pay the associated fees.
- We check that the application has the information required.
- We publish some of the details of your application on Australian Design Search.
- You request registration – you must do this within 6 months.
What can and Cannot be copyrighted?
Names, Titles, Short Phrases Names, titles and short phrases and expressions can’t be copyrighted either. This means you can’t own the exclusive rights to any slogan, product description, title of work or business name.
What are the two types of copyright?
« Back to FAQs What are the different types of copyright?
- Public Performing Right. The exclusive right of the copyright owner, granted by the U.S. Copyright Law, to authorize the performance or transmission of the work in public.
- Public Performance License.
- Reproduction Right.
- Mechanical License.
- Synchronization License.
Is it illegal to sell designer replicas?
What happens if you get caught selling replicas?
So a wholesaler-distributor who knowingly sells counterfeit products has a lot to lose under the Federal law: Imprisonment – Up to 10 years for the first offense and up to 20 years for a repeat offender. An offender who knowingly or recklessly causes death as a result of an unlawful sale faces up to life in prison.