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IP: Frequently Asked Questions

I have an idea, is it protected by copyright?

Copyright does not protect ideas or concepts.  Copyright only protects the written expression of ideas.  Someone can write the idea in their own words and it may not be a breach of any rights you have in the idea other than in limited circumstances.

Sometimes ideas can be protected through confidentiality, but once in the public domain generally cannot be protected at all.

I have copied this training manual, but I changed it by 10%. Am I still infringing copyright?

In short, probably yes.  However, this is not a straightforward question to answer.

The test for whether copyright is being infringed looks at the quality of what has been taken and what is still the same.  The quantity of what has been copied is irrelevant.  There are, however, some exemptions to infringement.  So it is best to get some advice.

I have registered and started using a businesses name but I just received a letter telling me to stop using it.  How can that be?

Business names, company names and domain names do not give you any rights in that name.  In order to get proprietary rights in a name it must be registered as a trade mark or you need to have developed a reputation in that name through use.

You should get searches of the public domain and trade mark register done before settling on a new brand.  It is cheaper to pay for the searches than to launch a new brand and then have to pay for the rebrand when you discover you are infringing someone else’s rights.

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Client Reviews

"The team at Rouse Lawyers has been fantastic."

The team at Rouse Lawyers has been fantastic. As a new technology startup, we had some unique requirements around licensing and partner agreements, trademarking as well as off-shore contractor agreements. Matthew and Patrick have been great to deal with – not only from an advice perspective but also delivering these agreements in a timely manner. Dealing with Rouse Lawyers has allowed us to concentrate on our business knowing the legal side is in good hands.

Gareth Beachy-HeadHub3c

"I would highly recommend Ben and the Rouse Lawyers team"

We are expanding our growing business into new areas. Ben Thorn took the time to understand our needs and delivered timely and expert advice. In addition to his coverage of the commercial transactions, Ben guided us through each step of the process of registering our trade mark. I would highly recommend Ben and the Rouse Lawyers team.

Jon MailerProtrade United

"We consider Rouse part of our team, and highly recommend them"

“Given the nature and size of our clients, we are constantly dealing with the big end of town when it comes to law firms. Matthew’s strategic advice has been utilised in negotiating software development agreements for our 3D interactive rendering engine, structuring our IP, employment matters, recoveries and corporate advice. We consider Rouse part of our team, and highly recommend them as a commercial law firm.”

Ben PowellRoam Interactive

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Ph: +61 7 3648 9900

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Level 2, 22 Wandoo St, Fortitude Valley, QLD 4006

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

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