Other Forms of IP

• Copyright
• Circuit layouts
• Plant breeder's rights
• Confidential information

Copyright

Copyright has traditionally protected artistic expression, such as writing, painting or photography. In recent times, copyright has been extended to cover authorship in technical drawings and computer programs. Copyright enables the author to prevent unauthorised copying, but it does not protect the idea or concept contained in the work.

In most cases, copyright protection lasts for 70 years beyond the life of the author.

Circuit layouts

The Circuit Layout Act provides copyright-style protection for the layout of an integrated circuit. As with copyright, there is no need for a registration process – the right is automatic. Protection is for 10 years from first commercialisation of the circuit, or a total of 20 years from when the layout is first made.

Plant breeder's rights

Plant Breeder's Rights (PBR) protect any new form of a cultivar (a cultivated plant). The protection is for a period of 20 years (or 25 years, in the case of trees and vines). Provided that the cultivar is new then, following an application to the PBR Office, registration will be granted.

Confidential information

During the period between conceiving a new idea and lodging an application for protection, the idea or information can be protected by maintaining confidentiality. To rely on confidentiality as a form of protection, the following requirements must be satisfied:

• the information must be truly confidential – if it has been previously published in an earlier document then the information is not confidential;
• persons receiving the information must be informed that the information is confidential; and
• persons receiving the information must agree to maintain its confidentiality.

Provided that these three requirements are met, an idea can be disclosed without losing the right to obtain valid patent or design protection.

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