Case study outlining the following:
* Copyright law in Australia
* Legislative requirements for registering Trademark
* Tort of Passing Off
* Trade Practices Act: Misleading and deceptive conduct
* Registration under the Designs Act
In order to advise Mondo Designs on whether their intellectual property rights are recognised in Australia it is essential to identify prima facie their intellectual property seeking protection. Namely Mondo are concerned with the protection of their computer software Mondo 2000, their fabric and jewellery. Mondo is seeking protection of the following subject matter pursuant to the Copyright Act 1968 Cth:
(a)The reverse engineering and adaptation of the computer software;
(b)The imitation of the look and feel of the fabrics and the jewellery;
(c)The confusion of some consumers about the origin of the home wares of Electro Arts;
(d)The consequences of the failure of Mondo Designs to register the goods under a system of industrial property.
It is assumed for the purposes of this advice that the above-mentioned fabric, jewellery and computer programs were created in Australia or a member country of the Berne Convention in which Australia would recognise copyright.
(a) THE REVERSE ENGINEERING AND ADAPTATION OF THE COMPUTER SOFTWARE
Broadly speaking in Australia protected works are listed in the Copyright act as opposed to an open list. The computer software created by Andy would be a protected subject matter as defined in section 10 of the Copyright Act . There is a requirement of originality in order for there to be protection of literary works under section 32 of the Copyright Act, providing Andy (a qualified computer programmer) is the original creator of the software he would prima facie have standing to seek protection. The author, Andy, is the creator of the software, however it is not clear as to whether Andy...