Brand Protection, Business Law, Business Names, Business Tips, Company Law, Consumer Laws, Copyright, Defamation, Ethikately IP Newsletter, Events, Intellectual Property, Internet and ecommerce, News Alerts, Not for Profit, On the Blog, Partnership Law, Privacy, Social Media, Trade Marks, Uncategorised

Considering outsourcing? Read this first…

by Kate Ritchie, Principal Lawyer and Trade Marks Attorney at Ethikate

As every business owner will eventually discover, there comes a point when the number of tasks to be completed outweighs the time available to do so.

No matter how organised and motivated you are, it is an inescapable fact that you are restricted by the number of workable hours in a day.
Spending two hours a day answering emails or one day a week preparing invoices for customers, may not be the best use of your time. So what’s the answer? Well, perhaps it’s time to consider outsourcing some of your workload to other people.

Thanks to the internet and the rise in popularity of cloud-based workrooms and storage systems that can be accessed from anywhere in the world, almost any task can now be outsourced. There are plenty of highly experienced freelancers registered online at outsourcing platforms such as UpWork, who are willing to work for reasonable rates and take some of the more time-consuming jobs associated with business administration off your hands.

However, as with everything, there are both pros and cons, which must be considered before deciding which elements of your business are suitable for outsourcing.

Outsourcing vs. employing staff

Before you start planning an outsourcing strategy for your business, you should think carefully about what positions you need to fill, and what kinds of jobs are typically outsourced.

It is worth considering that generally, you will have more control over full-time employees than contractors and freelancers because they are committed primarily to you and your business. With freelancers, you could end up competing for their time with other clients.

The biggest issue with taking on employees is that they become a fixed cost to your business and you may not be able to fully utilise them on a full-time basis, whereas when you outsource you can manage your expenses in real time and adjust terms in line with your needs in a way you can’t with permanent employees.

If you are considering outsourcing for your business, you will also need to make sure your insurance covers it. Check your professional liability insurance policy to ensure that as well as employees, independent contractors are covered for any claims arising from business-related activities they perform on your behalf.

Here are some of the outsourcing pros and cons:

Pros

  • Reduced costs foreign labour can be cheaper than domestic labour, pay for hours worked, rather than a permanent employee contract
  • Globalise your business – working with freelancers based in different time zones will allow your business to operate outside of normal hours
  • International element: utilising freelancers from different countries or those with language skills can provide you with a greater reach and understanding for your business activities overseas
  • Access better technology and specialised expertise – no need to send employees to expensive training courses or purchase the latest software, when you can outsource specific jobs to experienced small companies and individuals

Cons

  • An employer/employee relationship where trust and loyalty is nurtured can be harder to achieve
  • When working with freelancers whose first language may not be English, it is easy for messages to get lost in translation. Also, there may be cultural differences you need take into consideration.
  • When it comes to technology and working online, sharing information with non-employees can pose security risks, so you should ensure you are fully covered legally with NDAs etc.

Outsourcing definitely has some advantages. However, you need to carefully consider all pros and cons before deciding if it is the right fit for your business.

About the Author:  Kate Ritchie is a strategically focused Principal Lawyer and Trade Marks Attorney with both commercial and business services and legal experience. Kate has broad ranging competency in all aspects of legal services including intellectual property law, brand protection, commercial and business transactions, negotiation and alternative dispute resolution, internet law, privacy, competition and consumer law and sports law. Kate has worked with top-tier commercial law firms such as Clayton Utz and high profile companies such as Thiess Pty Ltd and Tatts Group. Kate founded Ethikate in 2014 with a passion for providing specialist advice and services in Intellectual Property Law, Trade Marks and Brand Protection Strategies, business and commercial law and entertainment and media law for startups, entrepreneurs and small to medium businesses.

Brand Protection, Business Law, Business Names, Business Tips, Company Law, Consumer Laws, Copyright, Defamation, Ethikately IP Newsletter, Events, Intellectual Property, Internet and ecommerce, News Alerts, Not for Profit, On the Blog, Partnership Law, Privacy, Social Media, Trade Marks, Uncategorised

Ethikate on Sky News Business

Ethikate’s Principal Lawyer & Trade Marks Attorney Kate Ritchie was recently featured on Sky News Business.

Kate’s interview with Chloe James covered business success, the legal sector, “disruption for disruption’s sake”, startups and small businesses.

Check out the full interview below.

 

Business Law, Business Names, Business Tips, Company Law, Consumer Laws, Copyright, On the Blog, Uncategorised

Free Startup Checklist

Happy New Year!

Are you starting 2017 by launching a startup?

There is so much to think about when starting a new business, including business structure, business names, trade marks, tax obligations and more.

Great news! Ethikate has compiled a handy startup checklist for you! Simply register your interest in the new online legal resource, The EK Lab and get your free checklist delivered straight to your inbox.

Register your interest in the EK Lab and receive your free startup checklist here.

Brand Protection, Business Tips, Copyright, Intellectual Property, Trade Marks, Uncategorised

Safeguarding Your Intellectual Property in China

China

By Kate Ritchie, Ethikate Principal Lawyer and Trade Marks Attorney

 

China. It’s one of the largest markets in the world and Australia’s primary trading partner, two attributes that make it extremely attractive to many Australian businesses looking to get their products to market affordably.

With its many benefits as a manufacturing capital, China is notoriously one of the world’s infringement capitals, which is why it is crucial that business owners expanding there understand how to protect their Intellectual Property.

With its many benefits as a manufacturing capital, China is notoriously one of the world’s infringement capitals, which is why it is crucial that business owners expanding there understand how to protect their Intellectual Property.

I have just returned from China after visiting with a client and the trip reminded me of some of the key differences when it comes to IP protection between that country and Australia.

Most important are the differences in trade marking. Unlike Australia, China is a ‘first to register’ not a ‘first to use’ state. This means that even if you are the first to use a brand in China, unless it has been registered via the lodgement of a China trademark application, it is not protected.  Therefore, anyone who is aware of your brand prior to its registration can obtain a trade mark and prevent you from using your product in China. This has caused headaches for well-known brands, including Tiffany & Co and Tesla.

Patent and design applications do not differ as significantly and the process is more comparable to Australia. In China, business owners have two patent options.

The first is an innovation patent that is equivalent to Australia’s standard patent and carries a term of 20 years. The second option is a utility or ‘mini’ patent, which carries a shorter term of 10 years. China’s utility patent option is somewhat comparable to Australia’s design registration system. It simply requires you to apply to register your design in China before you launch the product and the registration is valid for 10 years, the same as Australia.

Given counterfeit goods and cheap knock off products are commonplace, China is notorious for IP breaches and can be an extremely difficult country to do business in.

So before expanding your business into China there are some key steps you must take to protect your brand and your business:

 

  • Have potential business partners and manufacturers sign a confidentiality deed or non-disclosure agreement before entering into any discussions. Preferably have all documentation in both English and Mandarin or Cantonese.
  • Apply to register your trade marks, designs and patents in China as soon as possible and give consideration to registering the trade mark in both English and Mandarin or Cantonese.
  • Enforce your rights. Monitor the market and don’t be afraid to take action against infringers as it’s essential to maintaining the reputation and value of your brand. We work with reputable attorneys in China and can assist with this often daunting process.
  • Understand the manufacturing process in China. Verify the manufacturing company you are going to be working with and don’t settle for not having a proper manufacturing agreement in place. This agreement should also be in English and Mandarin or Cantonese, depending on the province in which your manufacturer is based.

Ethikate offers a range of affordable packages specifically designed for startup founders and small businesses, including our $199 Initial Consult. If you have any questions about small business law, including Intellectual Property, Trade Marks and Brand Protection, feel free to get in touch. We’d love to hear from you!

Copyright, News Alerts, Privacy

In the News…The Dallas Buyers Club case changes the legal landscape for privacy and copyright.

downloading movies

Illegally downloading films to watch at home? Guess what, you can no longer hide behind your ISPs to avoid legal liability.

In a recent landmark ruling, some of Australia’s largest internet service providers (ISPs) were forced to provide Dallas Buyers Club LLC (Voltage Pictures) with the names and addresses of more than 4,700 of its service users who allegedly downloaded and/or shared the 2013 Oscar winning film Dallas Buyers Club on file sharing services including BitTorrent.

The ISPs – most notably iiNet, but also including Internode and Amnet Broadband and others – had previously refused a request to provide the information, claiming that Voltage Pictures had engaged in a practice iiNet’s chief regulatory officer called “speculative invoicing” ahead of the lawsuit. During the case, iiNet’s lawyers accused Voltage Pictures of using discovery letters to threaten those who had infringed its copyright into making settlements.

The judge who presided over the case is yet to determine the level of compensation Voltage Pictures can demand from individuals. He will also be approving the correspondence to be sent to the service users. His Honour further stipulated that a condition of the ruling was that the identities of the alleged ‘pirates’ remain confidential.

The decision to grant the order has already been described as landmark, and a huge step in the battle against global online piracy. The case is particularly interesting as it marks a much more aggressive stance on internet piracy and online copyright infringements by rights holders.

The case also raises an intricate legal matter – where two sets of rights come into direct conflict: the privacy rights of customers protected under Part 13 of the Telecommunications Act 1997 and rights holders’ exclusive copyrights under the Copyright Act 1967. However more on that in another blog.

Now that we know that there are enhanced legal avenues for copyright owners to identify and therefore take action against infringers, lets talk a little about online copyright infringement, piracy and how you can protect yourself and your business.

What is online copyright infringement and film piracy?

Online copyright is a term that refers to the protection of certain ‘works’ that are published on the internet. Some of the most common examples of copyright material includes films, music, art and literature such as e-books, blogs and website content. Copyright automatically vests in the author, upon creation of the works (unless the author is an employee or there is a written agreement to contrary). So, the very moment you upload your blog, your work is protected by copyright, assuming of course that it meets the relatively low threshold for copyright protection. More on that later.

Film piracy refers to the act of downloading, copying and distributing film without permission from the rights holder. With the rise of the digital age, there has been surge in film piracy because well, it’s just so easy for end users to download music and films from the internet. Using peer-to-peer sharing and streaming sites, like BitTorrent, is a form of film piracy and by using them you are violating the copyright of the rights holder. So, just because you can, doesn’t mean you should…or that it’s legal for you to do so!

Protecting your online collateral and respecting the copyright of others

In Australia, copyright is automatically protected under the Copyright Act 1967. Copyright protection is Australia-wide – and to some extent is also protected in overseas markets, where countries are parties to certain conventions and treaties that recognise copyright created in Australia. Copyright exists for a term of 70 years, post death of the author of the works. You don’t need to register copyright in Australia (despite what some less than desirable ‘copyright registration companies’ claim). In fact there is no official avenue to do so. As the owner of copyright, you have the exclusive benefits of being able to commercialise, licence, sell, reproduce and adapt your works, amongst other rights set out in the Copyright Act.

The rise of the digital age is wonderful for both innovation and competition. Start-ups, entrepreneurs and small businesses now have access to a global platform where they can sell, advertise and promote their business and compete directly with the top end of town. Unfortunately the flipside of this is that online collateral is more vulnerable to unauthorised use, and readily available content and images online can lull business owners into a false sense of security as to their right to use the online content or images as part of their own collateral. By the way, whether or not you know you are infringing copyright is no defence to liability for copyright infringement. I repeat, just because you can, doesn’t mean you should…or that it is legal for you to do so.

If you are sourcing online content and images, make sure that you are obtaining the content and images under licence or with the consent of the owner and make sure that your use is within the parameters of the licence or consent. There are plenty of royalty-free databases for images and online software programs that will allow you to easily check text or blog posts for possible plagiarism offences. If in doubt, seek advice before using third party material or, don’t use it – as I’ve mentioned, there are so many ways to use authorised material and to obtain a licence that there’s really no reason to take unnecessary risks. Remember, you work hard to create your original and unique material so respect that others do too and, if you want to use their content get the necessary consents and licences to do so.

On the flip side, you should also consider a monitoring system for your own brand and collateral as part of your overall online protection strategy. Online monitoring can include inspection of domain names, social media profiles and digitally published content such as blogs. Not only will this help to protect the integrity of your collateral from would-be infringers, but it can also mitigate your risk of infringing someone else’s content. If you suspect someone is infringing on your rights online, you can utilise various legal procedures such as ‘cease and desist’ letters or court proceedings to deter them. However, take care in doing so as you can attract liability if you make groundless threats. Save yourself a lot of stress, cost and risk by getting professional legal advice from a qualified intellectual property lawyer before you take any action against an alleged infringer. As I often say, you can’t get the law half right and worse still, if you get it really wrong you are going to be in a world of a hurt.

Need advice?

Safeguarding your intellectual property online (and avoiding liability for infringement) starts with developing a sensible, tailored strategy that considers a broad range of both commercial and legal factors to ensure that your business is fully compliant with, and protected by, the law. Copyright is but one legal basis for protecting your brands and IP. So avoid wasting time and money on trial and error or ad hoc generic processes that may or may not work for your business and get the right advice upfront, from a qualified legal professional who has the right skills and experience.

At Ethikate we are registered lawyers, trade marks attorneys and brand and IP protection specialists.  We can assist you in developing and implementing a tailored brand and IP protection strategy that works for you and your business. Contact us today to find out more.

Brand Protection, Consumer Laws, Copyright, Defamation, Intellectual Property, Internet and ecommerce, On the Blog, Privacy, Social Media

Part 1: Why your business needs a social media presence

Social media strategy

 

This is Part 1 of a 3 part series on social media – why you need it, your legal obligations and how you can mitigate your risks.

 

It is undeniable that the internet and social media have become the dominant force that determines how we connect with other people, businesses and brands online. Social media is now a powerful, cost-effective medium that can be utilised to enhance your business reach and help you establish your brand in the global marketplace.

Over the next few weeks we’ll look at why your business needs a social media presence, how to get started with the basics, and how to optimise your social media strategy. As well as considering the opportunities social media holds for your business, we’ll also be looking at some of the risks it can pose and how you can best protect yourself against possible pitfalls.

How can social media help?

Authority

Nowadays, when purchasing goods or services many people will check out a businesses’ social media page and/or blog. By creating a strong online presence that reflects your core values you can add a sense of authority to your brand.

Creating and implementing a consistent, targeted social media strategy can instantly provide your business with a sense of authenticity and credibility. Writing blog posts, sharing important news, or holding discussions via your social media profile can set you apart as a knowledgeable, helpful voice in your sector. This in turn will give customers the confidence to actively seek out your goods or services rather than turning to one of your competitors.

Engagement

Social media is no longer restricted to certain groups and the majority of your customers probably use some form of it on a daily basis. By definition, platforms such as Facebook and Twitter allow you to be online and engaged instantly every single day of the year.

Capitalising on this cost-effective marketing tool can really boost your business and ensure that you are in direct contact with your customers. Social media allows you to post information, news and offers as they happen, helping you to create a strong connection with the people who matter to your business.

Interacting directly with people via a social media profile can also provide a much needed ‘human touch’ for your business, as well as creating a sense of familiarity and trust amongst current and potential customers.

Consolidation

As we’ve discussed previously, creating a strong brand is essential to the success of your business and what better way to consolidate your brand than through social media?

You can utilise the various platforms to relay your message as well as reinforcing your brand’s recognisability through the use of your logo, colour schemes and other visual aspects of your marketing materials. Social media is a great way of showing off your brand’s personality and establishing your business as a contemporary and accessible operation.

So, what next?

Social media is now an integral part of most people’s lives and as a business you should strive to optimise the way in which you use it to promote your brand. As we’ve discussed, your customers are now more accessible than they have ever been and the opportunities social media can give your business are extensive.

But, as with everything, there are risks involved with creating an online presence! Protecting your online intellectual property, as well as ensuring you are not infringing on anyone else’s rights or breaching any laws (such as Consumer, Defamation or Privacy laws) when publishing online content, is vital. It is also essential that your data and passwords are safeguarded from the threat of online attack or possible would-be infringers.

In Part 2 and 3, we’ll look at how to get started with social media, some of the practical issues you’ll need to deal with, how to minimise the risks we’ve mentioned, and how to ensure you are fully protected by the law.

Are you keen to boost your digital presence, but concerned about being vulnerable online? Want to learn more about creating and implementing a strong brand protection strategy that will safeguard your business online? Contact us at Ethikate today!

Copyright, Intellectual Property, Internet and ecommerce, On the Blog

No one likes a copycat!

31039317_m (2)

5 Tips to Protect Your Online Content

Communicating your business messages and personal branding online is a fantastic, cost-effective way to reach out to and engage with, potential clients on a global scale.

However, the internet is rife with plagiarism and copyright infringement and protecting content can be a headache for business owners. Similarly, ensuring you do not infringe someone else’s material can also pose serious potential problems.

So, how do you ensure your material is original and that you own it? Alternatively, how do you stop would-be infringers stealing your ideas? Here are our 5 of our top tips to protect your online content.

1. Use copyright notices

Copyright notices are not mandatory, but they can act as a deterrent for would-be infringers by placing them on notice that your material and content is subject to copyright protection.

To use a copyright notice, all you need to do is insert the copyright symbol © followed by the year that the material was created and the name of the owner of the material. You can also include the words “All rights reserved”. For example, © 2014 Ethikate. All rights reserved.

It really is that easy! And those who are thinking about using your content may think twice if they see a copyright notice at the bottom of your material.

2. Brand your content

Content has a great habit of being shared and going ‘viral’ online. This is not such a bad thing as it can be a great opportunity to promote your business globally.

However, if it is not clear whose content it is, then it is kind of pointless right? Plus, no one likes a copycat, so it is important to ensure that your content is easily recognisable as being yours.

One way to do this is to ensure that all content is in a format that is not so easily editable (eg pdf, jpeg, unable to be selected and copied text) and has your brand applied to the document. You can do this by inserting your logo as an image or watermarking the content with your brand or web address. This has the benefit of not only protecting your work from being reproduced or wrongly attributed to someone else, but is also a great way to further promote your business.

3. Use a plagiarism program

Where you generate lots of content, including blogs and articles, it is really important to ensure you are not infringing someone else’s material. Even if you do so ‘innocently’, you can still be liable for copyright infringement.

There are many great online plagiarism programs you can use which allow you to upload content and have the program review your content against all available online content.

Using such programs is also really important if you outsource your content. A good plagiarism program will flag sections of your material that ‘matches’ online content, providing you with the online source and a percentage match. I use an online program called grammerly which seems to be accurate, reliable and has the benefit of being cost effective. However, it seems to work quite slowly when attempting to use larger documents for review.

It is important to note that copyright infringement is not determined by quantity or percentage, but by substance (or otherwise technically referred to as a “substantial part”). Hence it is important to consider whether the content is original and whether or not it constitutes a substantial part of the original works. This may be as a short as a single tagline or phrase, however if it is the most memorable part of the original material, then be wary as you may be at risk of copyright infringement. Acknowledgement of the copyright owner can assist you in certain circumstances but it is not the answer for business using content for their own commercial gain. If in doubt, seek legal advice or remove the potentially infringing content.

4. Get an assignment or licence

If you are planning to outsource your design work, or any other artistic or creative work, it is essential that you own, or at least have the ‘freedom to operate’, using the work. Without a contract to the contrary, your contractor will own the copyright in any work that they create for you.

For example, where you engage a graphic designer to develop a logo for you, if there is nothing in your terms of services to say that all copyright vests in you, then your graphic designer will own the copyright in your logo. This can have implications when it comes time for you to sell or licence your business or just a part of it, such as the brand. So, make sure your contractors hand over (in writing, verbal is not an effective transfer of ownership!) the copyright in your brand and any other work created exclusively for you.

If third parties, like contractors, already own the copyright in your brand or other material then it is worth considering whether an assignment (transfer of ownership) is worthwhile. This can be tricky and often designers are reluctant to relinquish their rights. However, in my view, any professional and ethical contractor that provides your business with exclusively created material (especially a logo for your brand) for valuable consideration, should be happy to assign the copyright to you.

5. Get the content removed

The good news is that there are ways to have content removed from the internet when it infringes your copyright. For example, you can lodge a dispute with the relevant social media platform and report infringing content. However, you will need to be prepared to properly articulate your rights and demonstrate that you own the content, which can be tricky where it is not obvious that you own the content.

You can also issue the alleged infringer with a cease and desist notice. These can be effective where it is clear who is infringing your work and if they are based in Australia. However, issuing such a notice is not so straightforward when the infringer’s identity is unclear and they are based overseas as can often be the case.

It is also critical to be aware that sending someone a cease and desist notice without grounds can constitute an offence under the Copyright Act. Cease and desist notices should never be issued without having proper grounds to do so. Hence, you must clearly articulate in the notice why you believe they are infringing your copyright and take care with the language used in a notice. It is always best to seek professional legal advice before taking any action against an alleged infringer.

Where to from here?

Copyright is a very technical area of law. There are serious liability issues for a business that infringes someone else’s copyright works or makes unjustified threats regarding copyright infringement, against someone else. Therefore, it is essential that you invest in getting the right legal advice from a lawyer that specialises in copyright.

Ethikate specialises in copyright law. If you believe someone has infringed your content or you would like to learn more about how you can how you can protect your copyright material, contact us for a no obligation, initial consultation.

 

Brand Protection, Copyright, Intellectual Property, On the Blog, Trade Marks

Part 2: Safeguarding your brand: why you need a brand protection strategy

trade marks melbourne stand out branding

As we discussed in Part 1, in today’s increasingly competitive marketplace, having a strong brand is fundamental in establishing your business and its’ edge over your rivals. Once you’ve taken the time and effort to create a strong brand it is essential that you take steps to put in place an effective brand protection strategy.

What is a brand protection strategy?

Brand protection encompasses the measures taken to prevent someone from illegally making and selling a product, or offering services using a brand name owned by another company. In short, a brand protection strategy helps to safeguard your most valuable asset.

A good brand protection strategy will not only identify your prospects of registering and being able to protect your brand, but can mitigate your risk of infringing someone else’s brand. In turn this will lead to a more valuable brand, as well as saving you money in the long run.

How does brand protection work?

Brand protection starts with several legal processes that need to be completed correctly to ensure that you are fully compliant with, and covered by, the law.

Many start-ups and small businesses are of the misconception that registering a business name gives them the exclusive rights to use that name as their brand. However, the only way to ensure you have the rights to use your brand in the market is to get professional trademark clearance searches performed, accompanied by the right legal advice, and then to implement an appropriate strategy to ensure that you can maintain those rights exclusively.

Trademark clearance searching is an important risk management tool for business and should be done during the brand development stage. It identifies any potential issues early on and is a gauge for determining your freedom to operate in the marketplace using your brand. This can ultimately save thousands of dollars on unwanted expenses such as legal and rebranding costs.

Brand protection options

There are several legal avenues to consider when creating your brand protection strategy. We set out some key options for protecting your brand below.

Trademark registration

Trademark registration is one of the most effective ways to protect your brand in the market. Under the Trade Marks Act 1995, trademark registration grants businesses a statutory right to exclude others from using the trade mark for the goods and services for which it is protected. The registration can be renewed perpetually every ten years, and protection is Australia-wide.

A trademark registration can protect most elements of your brand. It can protect the brand name, a tagline or phrase, product packaging or shapes (including the product itself), a logo or pictorial design, brand colours, a scent, a sound and even a movement that is distinctive of your brand! The options for trademark registrations are not limited as long as the trademark is distinctive, is being used in trade and does not describe the type, kind of location of the goods or services that you are selling.

Most importantly, a trademark registration means that you have an asset for your business which can be sold, licensed to others or used as a form of security. You can control the use of the brand and stop others from using it. If you sell goods you can even arrange for customs to stop counterfeit or otherwise infringing goods entering Australia. Trademark registration also places the public on notice of your rights which can be an effective deterrent for would-be infringers and can save you the cost of actively trying to stop them using a trademark that is similar to yours.

Misleading or deceptive conduct

It is illegal for a person to engage in conduct, in trade, that is likely to create a false impression about goods or services in the marketplace. This is referred to as misleading or deceptive conduct under Australian Consumer Law and State equivalents. Misleading or deceptive conduct is not restricted to written words; it can constitute spoken words, images and even gestures. A company can engage in misleading or deceptive conduct through the actions of its employees or agents.

Passing off

Passing off is an action recognised by the courts under ‘common law’ and can be used to enforce both registered and unregistered trademarks. Passing off protects your business reputation and goodwill built up through your brand, from unauthorised use of one or more elements of your brand (or something similar) that wrongly implies some kind of association or affiliation with your business. This action is particularly important where your brand or a similar version of it is applied to inferior goods or services. Passing off has similar elements to the misleading or deceptive conduct provisions under Australian Consumer Law, though arguably there are greater obstacles to overcome in order to be successful in passing off. Further, unlike trademark registration, protection is limited to the geographic region where you trade and so if you are only trading in say, the greater Melbourne area, it is going to be very difficult for you to stop someone using a similar brand outside of Melbourne. Further, you must be able to prove that you have a significant reputation in your brand which can be costly, impractical and often unrealistic for small business.

Copyright protection

Copyright is the recognition of a person’s right to protect their original, intellectual effort (eg a logo design). In Australia, copyright is automatically protected under the Copyright Act 1967 for a term of 70 years post-death of the creator of the work.

Copyright protection is Australia-wide and to some extent global, via international treaties and conventions. Copyright often subsists in a logo and so it is important to ensure that you own the copyright in your logo by having it assigned to you when outsourcing the design. However, copyright will not stop people from using your brand name or other elements of your brand that lack originality. This is one reason why you need a more complete brand protection strategy that covers all distinctive elements of your brand.

How to get started

Not sure where to start? Don’t worry! Here at Ethikate we specialise in brand protection. We will work closely with you to create a tailored protection strategy that not only addresses your specific business needs and future plans, but is also cost-effective. Find out more here.

Stay tuned for Part 3…