Answer to Question #141067 in Australian Law for Suraj Rai

Question

Required: How intellectual property rights could be legally protected in the following:
a) A published book containing a compilation of lyrics written by popular singer/songwriter, Amoli.
b) An arrangement of rusty car parts that Boris has placed in his front yard and that he considers to be art.
c) The logo for Australia’s largest bank.
d) Einstein’s theory of relativity.
e) A dress design that is generic.

Answer 1

a)     Amoli’s published book can be protected by assuring monopoly right to the author to govern the uses made of her work for a particular period of time.

b)     Boris’ work of art can be protected by offering financial reward to the artist for his creative work.

c)     The logo for Australia’s largest bank can be protected by using trademark to stop competitors from using a similar logo which may lead to a mix-up in the market. Copyright is used to avoid unwelcome replication of the logo.

d)     Einstein’s theory of relativity can be protected under the traditional patent law which protects concrete scientific inventions against infringement. The continuation of innovation from Einstein’s work can be used to show the insights are the result of his work.

e)     Design patents can be used to protect intellectual property rights for a generic dress design. The patent protects the look of a design and its ornamentation. It ensures the designer excludes others from making similar products.