Grigaro Case Study Modern Family
Case Study
In the TV series ‘Modern Family’ (season 2 episode 22) Gloria convinces Jay to listen to the business proposal of Grigaro. Unfortunately Jay is not convinced the proposal would succeed. However, what if it would succeed?
Assume Grigaro is our client seeking legal advice as to how to protect his intellectual property.
Watch the relevant part of the episode and choose 2 areas of intellectual property to research.
After you have completed your research prepare a legal memorandum to your supervising solicitor setting out how to protect Grigaro’s Intellectual Property rights in the two areas you have researched and also discussing whether he would be successful in his applications.
Memorandum
To: Karen Ward
From: Kim Thai
Subject: Grigaro …show more content…
– Intellectual Property Protection
Date:
Issue
The issue to be researched is the different types of intellectual properties and the process involved in order for protection to be approved. Two Intellectual Properties which arose from Grigaro were Design Law and Patent Law. According to both these Acts, it will protect Grigaro “Good Doggy & Bad Doggy Training System” from different aspects, if he was to be successful in his application. Legislation
Intellectual Property is defined as intangible properties; they are creations as a result of the mind discovering and producing something that legally can be owned. Protection and ownership can be granted for such inventions and ideas though the following Acts: 1. Patents Act 1990
2. Patents Regulations 1991
3. Trade Marks Act 1995
4. Trade Marks Regulations 1995
5. Designs Act 2003
6. Designs Regulations 2004
7. Plant Breeder's Rights Act 1994
8. Plant Breeder's Rights Regulations 1994
Designs Act 2003
Section 5 of the Designs Act defines “design” as “the overall appearance of the product resulting from one or more visual features of the product”. Section 6 continues on defining “product” as something that is manufactured or handmade, a component part of a complex product, features one or more indefinite dimension and a kit when it is assembled. It is ultimately the creation of a new design which is a three dimensional shape, and this Act protects the appearance of the Design. However, it does not protect the function of the design, only its cosmetics.
The purpose of this Act allows creators the exclusive right to:
1. To exploit their design for a limited time and;
2. To prevent other people/competitors to copy ideas.
Registration of the product allows the registered owner to have rights to the following:
1. Use and exploit the design;
2. Licence;
3. Assign;
4. Take legal action against anyone who wants to import to Australia or;
5. Anyone selling any product infringing design rights.
The Act states that there are three criteria are which the creator must show in order for registration of the design to be accepted.
These criteria are as follows:
1. Must feature the shape configuration pattern stated in section 7;
2. The design features must be visible to the eye and;
3. The design must be new and distinctive.
The terms “new” and “distinctive” are defined the in Act Section 15 and Section 16 as “new” being not identical to another design and “distinctive” being not substantially similar in overall impression to another design.
The Act states that any person that created the “design” (creator) can file for an application. Furthermore, more than one person can be the registered owner of the design . Section 13 of the Act outlines the following principles which determine whether the creator can be registered as the registered owner:
1. In the course of employment, the employer will own the design (s13)(1)(b)
2. Person who has commissioned the design (s13)(1)(b)
3. Where the design has been assigned, the person which it has been assigned to will become the owner (s13)(2)
Section 46 of the Act defines the Duration of registration of a design as:
(a) 5 years from the filing date of the design application in which the design was first disclosed; …show more content…
or
(b) If the registration of the design is renewed under section 47, 10 years from the filing date of the design application in which the design was first disclosed.
Registration the design gives the creator exclusive rights and prevents other people from using their design without permission. However not all designs can be registered, it is not used to protect a method of construction including:
- Coins or notes
- Coates of arms – the flag
- Medals
- Prohibited signs
The process of lodging an application is as follows:
1.
Conduct a search
2. Lodge application
3. Request application or publication
4. Formations check
5. Published in Journal of Design
6. Examination of design by IP Australia
7. Notice – approval of the design has been successful.
If an infringement has taken place, the following remedies are available:
1. Injunctions and or;
2. Damages or
3. Account of profit.
Patents Act 1990
The Patent Act defines a Patent is a right granted for any device, substance, methods of process which is new and useful. It allows the owner to have exclusive rights to commercially exploit the invention for the life of the patent. Similar to Design, when the creator is seeking for protection on their Patent, they must go through the application of registration process. In Australia, this provides legal rights to stop other parties from using, manufacturing or to sell an Invention in Australia.
There are two types of Patents in Australia:
1. Standard Patents:
This provides a long term protection and control over an invention up to twenty years from the day the application is file is complete and this usually processed in a duration of fourteen months.
Relevant
Case
Designs Act 2003
Application to the Facts
Conclusion
Word count: Reference Intellectual Property (IP) | business.gov.au . 2014. Intellectual Property (IP) | business.gov.au . [ONLINE] Available at: http://www.business.gov.au/business-topics/business-planning/intellectual-property/Pages/default.aspx. [Accessed 09 September 2014]. Patents - Register a Patent | business.gov.au . 2014. Patents - Register a Patent | business.gov.au . [ONLINE] Available at:http://www.business.gov.au/business-topics/business-planning/intellectual-property/Pages/patents.aspx. [Accessed 09 September 2014]. Registered designs | business.gov.au . 2014. Registered designs | business.gov.au . [ONLINE] Available at: http://www.business.gov.au/business-topics/business-planning/intellectual-property/Pages/registered-designs.aspx. [Accessed 09 September 2014].
In the TV series ‘Modern Family’ (season 2 episode 22) Gloria convinces Jay to listen to the business proposal of Grigaro. Unfortunately Jay is not convinced the proposal would succeed. However, what if it would succeed?
Assume Grigaro is our client seeking legal advice as to how to protect his intellectual property.
Watch the relevant part of the episode and choose 2 areas of intellectual property to research.
After you have completed your research prepare a legal memorandum to your supervising solicitor setting out how to protect Grigaro’s Intellectual Property rights in the two areas you have researched and also discussing whether he would be successful in his applications.
Memorandum
To: Karen Ward
From: Kim Thai
Subject: Grigaro …show more content…
– Intellectual Property Protection
Date:
Issue
The issue to be researched is the different types of intellectual properties and the process involved in order for protection to be approved. Two Intellectual Properties which arose from Grigaro were Design Law and Patent Law. According to both these Acts, it will protect Grigaro “Good Doggy & Bad Doggy Training System” from different aspects, if he was to be successful in his application. Legislation
Intellectual Property is defined as intangible properties; they are creations as a result of the mind discovering and producing something that legally can be owned. Protection and ownership can be granted for such inventions and ideas though the following Acts: 1. Patents Act 1990
2. Patents Regulations 1991
3. Trade Marks Act 1995
4. Trade Marks Regulations 1995
5. Designs Act 2003
6. Designs Regulations 2004
7. Plant Breeder's Rights Act 1994
8. Plant Breeder's Rights Regulations 1994
Designs Act 2003
Section 5 of the Designs Act defines “design” as “the overall appearance of the product resulting from one or more visual features of the product”. Section 6 continues on defining “product” as something that is manufactured or handmade, a component part of a complex product, features one or more indefinite dimension and a kit when it is assembled. It is ultimately the creation of a new design which is a three dimensional shape, and this Act protects the appearance of the Design. However, it does not protect the function of the design, only its cosmetics.
The purpose of this Act allows creators the exclusive right to:
1. To exploit their design for a limited time and;
2. To prevent other people/competitors to copy ideas.
Registration of the product allows the registered owner to have rights to the following:
1. Use and exploit the design;
2. Licence;
3. Assign;
4. Take legal action against anyone who wants to import to Australia or;
5. Anyone selling any product infringing design rights.
The Act states that there are three criteria are which the creator must show in order for registration of the design to be accepted.
These criteria are as follows:
1. Must feature the shape configuration pattern stated in section 7;
2. The design features must be visible to the eye and;
3. The design must be new and distinctive.
The terms “new” and “distinctive” are defined the in Act Section 15 and Section 16 as “new” being not identical to another design and “distinctive” being not substantially similar in overall impression to another design.
The Act states that any person that created the “design” (creator) can file for an application. Furthermore, more than one person can be the registered owner of the design . Section 13 of the Act outlines the following principles which determine whether the creator can be registered as the registered owner:
1. In the course of employment, the employer will own the design (s13)(1)(b)
2. Person who has commissioned the design (s13)(1)(b)
3. Where the design has been assigned, the person which it has been assigned to will become the owner (s13)(2)
Section 46 of the Act defines the Duration of registration of a design as:
(a) 5 years from the filing date of the design application in which the design was first disclosed; …show more content…
or
(b) If the registration of the design is renewed under section 47, 10 years from the filing date of the design application in which the design was first disclosed.
Registration the design gives the creator exclusive rights and prevents other people from using their design without permission. However not all designs can be registered, it is not used to protect a method of construction including:
- Coins or notes
- Coates of arms – the flag
- Medals
- Prohibited signs
The process of lodging an application is as follows:
1.
Conduct a search
2. Lodge application
3. Request application or publication
4. Formations check
5. Published in Journal of Design
6. Examination of design by IP Australia
7. Notice – approval of the design has been successful.
If an infringement has taken place, the following remedies are available:
1. Injunctions and or;
2. Damages or
3. Account of profit.
Patents Act 1990
The Patent Act defines a Patent is a right granted for any device, substance, methods of process which is new and useful. It allows the owner to have exclusive rights to commercially exploit the invention for the life of the patent. Similar to Design, when the creator is seeking for protection on their Patent, they must go through the application of registration process. In Australia, this provides legal rights to stop other parties from using, manufacturing or to sell an Invention in Australia.
There are two types of Patents in Australia:
1. Standard Patents:
This provides a long term protection and control over an invention up to twenty years from the day the application is file is complete and this usually processed in a duration of fourteen months.
Relevant
Case
Designs Act 2003
Application to the Facts
Conclusion
Word count: Reference Intellectual Property (IP) | business.gov.au . 2014. Intellectual Property (IP) | business.gov.au . [ONLINE] Available at: http://www.business.gov.au/business-topics/business-planning/intellectual-property/Pages/default.aspx. [Accessed 09 September 2014]. Patents - Register a Patent | business.gov.au . 2014. Patents - Register a Patent | business.gov.au . [ONLINE] Available at:http://www.business.gov.au/business-topics/business-planning/intellectual-property/Pages/patents.aspx. [Accessed 09 September 2014]. Registered designs | business.gov.au . 2014. Registered designs | business.gov.au . [ONLINE] Available at: http://www.business.gov.au/business-topics/business-planning/intellectual-property/Pages/registered-designs.aspx. [Accessed 09 September 2014].