Business - Intellectual property

Introduction

Intellectual property is a category of property that includes intangible creations of the human intellect, and primarily encompasses:

• copyrights,
• patents,
• trademarks.

Trade secrets, publicity rights, moral rights, and rights against unfair competition are also involve aspects of intellectual property.

Artistic works like music and literature, as well as some discoveries, inventions, words, phrases, symbols, and designs can all be protected as intellectual property.

At the bottom of this profile are brief details of a number of the experts that Expert Experts represents. Call our office to discuss your requirements and to obtain a recommendation that suits your needs and budget.

Expertise in Action

​Experts in the area of intellectual property may be asked to comment on aspects of the intellectual property under consideration including a technical description of the property in issue and whether it is unique.

Sample Reports

For some fields of expertise we have some sample sections of de-identified reports. Please contact our office if you are interested in a sample.

Cost

The overall cost of expert opinion depends on the services required. Some of the key factors that affect the cost of advice include:

• The need for a view or inspection of a location
• The quantity of documentary material to be reviewed
• Whether there are reports of other experts to be reviewed and commented on in detail
• Whether there is a need for conferences with the expert either in person or by telephone/Skype

Relevant Articles Deakin Law Review Vol 17 No 2

MUSIC MASH-UPS: THE CURRENT AUSTRALIAN COPYRIGHT IMPLICATIONS, MORAL RIGHTS AND FAIR DEALING IN THE REMIX ERA

University of Tasmania Law Review

This case exposes the risk attached to presenting a modern representation of Australian icons, with the Full Court of the Federal Court upholding that the popular Australian song Down Under’ (‘Down Under’) by Men at Work, infringed copyright in the iconic Australian tune ‘Kookaburra Sits in the Old Gum Tree’ (‘Kookaburra’).

Relevant Cases EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2011] FCAFC 47 (31 March 2011)

infringement of copyright in musical works – objective similarity between copyright work and alleged infringing work – causal connection between copyright work and alleged infringing work – degree to which determining objective similarity depends on aural

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