{"id":29328,"date":"2026-03-06T04:05:08","date_gmt":"2026-03-06T04:05:08","guid":{"rendered":"https:\/\/rmolaw.com.au\/?p=29328"},"modified":"2026-03-06T04:05:12","modified_gmt":"2026-03-06T04:05:12","slug":"create-it-protect-it-commercialise-it-why-intellectual-property-matters","status":"publish","type":"post","link":"https:\/\/rmolaw.com.au\/zh\/create-it-protect-it-commercialise-it-why-intellectual-property-matters\/","title":{"rendered":"Create It. Protect It. Commercialise It: Why Intellectual Property Matters"},"content":{"rendered":"\n
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The World Intellectual Property Organisation (WIPO) in February 2026 noted that new technologies were \u201cspreading across borders at unprecedented pace and gaps are narrowing in how intensively countries are using innovations.\u201d<\/p>\n\n\n\n

All new technologies involve intellectual property (IP), whether it be through patent protection, design protection, software copyright, traditional copyright, or trademarks, and combinations of IP.\u00a0 There are other rights such as Plant Breeders rights and other sub categories.<\/p>\n\n\n\n

All these rights need protection.  An example is Copyright, it is automatic and there is no registration process in Australia, however there are ways to create it. We assisted a client who was starting up a business and the client said \u201cI only have a 2 page pitch\u201d. We told him to gain copyright protection it needs creative content, and got him to develop a detailed 20 page schematic and software architecture plan, sufficient to arguably gain the protection of the Copyright Act 1968 (Cth).  <\/p>\n\n\n\n

Another client wanted us to register his Burger business, we said \u201cA name with the word \u2018burger\u2019 in it will not be registerable as it is a common word, try putting it inside a unique logo\u201d. We registered the logo.  We went further and registered that logo through WIPO in a number of different countries.<\/p>\n\n\n\n

Mickey Mouse and Steamboat Willie are characters often cited in discussions of IP.  These works were created in 1924 and protected across the world by IP registrations. It was not uncommon for nannies at outback Australian cake stalls who had knitted Mickey Mouse images to be served with breach of Intellectual Property notices.<\/p>\n\n\n\n

The point is IP can be often registered throughout the world and protection gained in various domestic legal domains.<\/p>\n\n\n\n

The commercial interest in Mickey Mouse is how they twisted the US Government\u2019s arm by gaining access to legislation to keep extending the copyright on Mickey Mouse and Steamboat Willie.  Prior to the passage of the 1976 Copyright Act (USA), the US Congress passed nine incremental extensions between 1962 and 1974. Whenever the copyright was about to enter the public domain, much to the excitement of those outback Australian knitters, the US Government kept extending the Mickey Mouse and Steamboat Willie IP by new legislation.<\/p>\n\n\n\n

The widow of Sonny Bono the owner of the characters actually appeared before the US Congress in 1998 and said:<\/p>\n\n\n\n

\u201cActually, Sonny wanted the term of copyright protection to last forever. I am informed by staff that such a change would violate the Constitution<\/a>. … As you know, there is also [then-MPAA<\/a> president] Jack Valenti<\/a>‘s proposal for term to last forever less one day. Perhaps the Committee may look at that next Congress.\u201d<\/p>\n\n\n\n

Time is up though, and those characters entered the public domain on 01 January 2024.<\/p>\n\n\n\n

Don\u2019t let yours enter the public domain, talk to us early, build it, protect it, and then commercialise it.<\/p>\n\n\n\n

\ud83d\udcde\u00a01800 999 529<\/a><\/strong>
\ud83c\udf10\u00a0rmolaw.com.au<\/a><\/strong>
\ud83d\udce7\u00a0mail@rmolaw.com.au<\/a><\/strong><\/p>\n\n\n\n

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.<\/em><\/p>\n\n\n\n

Article Authorised by<\/em> Roly O\u2019Regan<\/a><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

The World Intellectual Property Organisation (WIPO) in February 2026 noted that new technologies were \u201cspreading across borders at unprecedented pace and gaps are narrowing in how intensively countries are using innovations.\u201d All new technologies involve intellectual property (IP), whether it be through patent protection, design protection, software copyright, traditional copyright, or trademarks, and combinations of […]<\/p>\n","protected":false},"author":5,"featured_media":29329,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"off","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[715],"tags":[735,731,734,730,733,732,719,724,722,728,726,716,718,727,721,717,725,729,723,720],"expertise":[736],"class_list":["post-29328","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-intellectual-property","tag-australian-ip-law","tag-brand-protection","tag-business-intellectual-property","tag-business-protection","tag-commercialising-ideas","tag-copyright-act-1968","tag-copyright-law-australia","tag-copyright-protection","tag-design-rights","tag-global-intellectual-property","tag-innovation-law","tag-intellectual-property","tag-intellectual-property-law","tag-intellectual-property-rights","tag-ip-protection","tag-patent-protection","tag-protecting-business-ideas","tag-startup-legal-advice","tag-trademark-registration","tag-trademarks","expertise-intellectual-property"],"acf":[],"_links":{"self":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/29328","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/comments?post=29328"}],"version-history":[{"count":1,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/29328\/revisions"}],"predecessor-version":[{"id":29330,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/29328\/revisions\/29330"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/media\/29329"}],"wp:attachment":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/media?parent=29328"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/categories?post=29328"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/tags?post=29328"},{"taxonomy":"expertise","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/expertise?post=29328"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}