Copyright is a bundle of rights that protect literary, dramatic, musical and artistic works, as well as sound recordings, films, photographs and multi-media work. These rights prevent unauthorised use of the work, whether by reproduction, performance, broadcast or otherwise.

Copyright is used extensively in the ICT industry to protect software, databases, images, manuals and other such works. More generally, all documentation created by a business is the subject of copyright.

Copyright arises automatically and, except where created by an employee, is owned by the author of that material. This is an issue with businesses that commission independent contractors to create material. Unless a written assignment of the copyright takes place, the independent contractor will own the copyright to that material.

Griffith Hack advises on all aspects of copyright, from ownership, exploitation and licensing to enforcement of copyright where potential for infringement exists.

Business and Domain Names

Business and domain names form a critical part of the branding strategy of most businesses. Griffith Hack offers a full range of registration services for business names and domain names, both in Australia and worldwide. In addition, Griffith Hack provides watching services and advice on branding strategies for its clients.

Plant Breeder's Rights

Griffith Hack is responsible for ensuring that our clients, whether local or international breeders, are professionally guided so that effective Plant Breeder's Rights are obtained. Our experience includes the filing and prosecution of Plant Breeder's Rights through all stages of the application process, from the filing of the application to its registration. This includes completion of the necessary forms, the engagement of and liaison with a Qualified Person throughout the conduct of a comparative trial, and the organisation of the deposit of the propagating material.

Griffith Hack can alternatively act solely as the client's address for service in Australia, forwarding official notifications from the Plant Breeder's Rights Office, and providing advice only when requested.

Circuit Layouts

Semiconductor Chip Protection

Copyright-style intellectual property rights are available to the inventors of original circuit layouts for integrated circuits. However, there is no provision for registration of those rights. The rights automatically flow to eligible persons upon creation of the original layouts.

You are eligible to these rights if you are an Australian citizen or corporation or a citizen or corporation in a country which offers reciprocal rights to Australian citizens and corporations.

These include:

Belgium	Greece	Spain
Canada	Italy	Sweden
Denmark	Japan	Switzerland
Eire	Luxembourg	Turkey
Finland	Netherlands	United Kingdom
France	Norway	USA
Germany	Portugal

What Rights are Conferred?

As the owner, you have the exclusive right to:

• Copy the layout, directly or indirectly, in a material form;
• Make an integrated circuit in accordance with the layout or a copy of the layout; and
• Exploit the layout commercially within Australia.

Your rights are infringed if the layout is copied, an integrated circuit is made in accordance with the layout, or the layout is commercially exploited by someone without your permission or licence. This also applies where a substantial part of the layout is used. You can take action for an infringement before the Courts.

However, commercial exploitation by a person who does not know and could not reasonably be expected to know that rights in the layout existed, is not an infringement. Marking of layouts, integrated circuits, and/or packaging to be sold puts the public on notice that rights exist.

Infringement does not include copying for private use, copying for evaluation, analysis, research or teaching purposes, or copying for so-called reverse engineering purposes.

How Long Do Rights Last?

The period of protection is 10 years from the date of making the layout. However, any delay in commercially exploiting the layout may increase the term to a maximum period of 20 years.

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