Intellectual Property Principles

How does Intellectual Property law work?

Intellectual property law works by giving the owner of a creation or invention a limited monopoly to control that creation or invention. Usually, this means that the owner is the only person who can copy, share or use the creation. Other people will only be able to copy, share or use the creation if they have the IP owner’s permission or if they have an excuse under the law. The length of an IP monopoly will differ depending on the type of object. For example, patents usually last for 20 years. The terms of protection for each type of intellectual property, and the relevant legal excuses that may apply, will be covered in more detail in later topics.

IP law gives the owner certain legal rights, so that they are able to sue someone who infringes their rights. The remedies available in court for IP infringement are usually an ‘injunction’ against the infringer (a legal order to stop doing something) and/or ‘damages’ (monetary compensation). In practice, IP gives the owner the ability to license the use of a product or invention for a fee, or to prevent competitors from copying the product or invention.

In Australia, intellectual property is governed by Commonwealth legislation including:

The law, including any court cases, applies throughout the whole of Australia.