intellectual property and privacy in health
TRANSCRIPT
Intellectual Property and Privacy in Health
Nicholas Boyle, Senior Associate
16 April 2015
Part 1: Intellectual Property
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TRADE MARKS
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Introduction to trade marks
Distinctive names, logos, bottle shapes, tag lines, colours, smells
• protectable as both a registered ® or an unregistered ™ right
• term of protection can be indefinite• registrations can be cancelled if
not used
TRADE MARK INFRINGEMENT
Use of a mark as a trade mark which is substantially identical with, or deceptively similar to, the registered trade mark on similar goods or services to those goods or services covered by the registration
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Types of trade marks
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• EXPERIENCE THE WESTIN DIFFERENCE; • IT'S IN OUR NATURE; • OH WHAT A FEELING!
Slogans
Logos
Traditional trade marks
• HILTON, SHANGRI-LA, NOVOTEL, INTERCONTINENTAL, PARKROYAL, NIKE, QANTAS, VEGEMITE
Words
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Choosing a trade mark
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Available?
Brandglobalisation
Consider type
Distinctive?
®
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Is your trade mark available?
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If someone else owns a prior similar trade mark for similar goods or services, you would face the following problems:
Important to conduct searches to determine whether another party is likely to have rights in the mark
Cannot be identical, substantially identical or deceptively similar to another mark on the register
Should think about proposed and possible use
Refusal to register
Opposition
Infringement
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Registration process
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ExaminationNo objections / objections overcome
Registration
Opposition?
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Why is distinctiveness important?
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Distinctive marks are:
Easier and cheaper to register
Easier to protect
Better at helping consumers to distinguish your goods or services from your competitors' goods or services
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Are you planning to use your trade mark overseas?
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Australian trade mark registration ≠ rights overseas
BUT applications can designate other countries under the Madrid Protocol
Check distinctiveness, availability and desirability in each country
You should consider, in particular:
1. Protection in other languages
2. Unfortunate translations or connotations
Part 2: Privacy
Why is this important…?
Brand, reputation and
trust
Growing consumer awareness
More information = greater risk
New law + tougher
compliance
Complaints + sanctions =
bad publicity
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'Privacy by design'
Proactive, not reactive/
preventative, not remedial
Embedded into design, not 'bolted on' afterwards
Protecting privacy is the
default setting End to end
security – full life cycle protection
Visibility and transparency
User-centric
• Applies to IT systems, business practices and physical design/networked infrastructure
• Integration of privacy into all planning and design activities
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Legal Requirements: Overview Privacy Regulation in Australia
Commonwealth
Privacy Act 1988
Other?
NSW
PIPP Act: Privacy and Personal Information Protection Act 1998
HRIP Act: Health Records and Information Privacy Act 2002
GIPA Act: Government Information (Public Access) Act 2009
Other?
What about Victoria, South Australia, Western Australia, Northern Territory, Queensland and Tasmania?
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Confidential Information
Legal Requirements: What information is protected?
Health information
Personal Information
Sensitive information
Health Information
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