Intellectual Property Memorandum: Good Doggie Training System

Intellectual Property Memorandum

To: Supervising Solicitor
From: Madaline Calabro
Date: 6th October 2014
Subject: Advising Mr Grigaro of his Intellectual Property rights for his invention “Good doggie, Bad doggie Training System”
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Issue:
The issue here is how to protect Grigaro’s intellectual property rights with his product “Good Doggie, Bad Doggie Training System.”(This will be referred to as ‘the training system.’) The training system is shaped in the form of a sausage dog, with a clear tub for the body that twists apart into two separate containers. The top half contains the good doggie treats and the bottom half contains the bad doggie treats.
The two areas

The author is the first to make or publish.
Once the creator has successfully satisfied all four of the requirements they will become the copyright owner of their creations. Section 35 states that the author of a work is the owner of any copyright in the work. The rights that come with copyright ownership that allows the creator to publish and reproduce their work (section 31(1)(a)) , to sell, license or assign the rights.
The creator will also have what are called moral rights over their work; even if they sell their copyright licensing they will still poses moral rights. These give the artist rights if their work has been falsely attributed. These rights come automatically for the creator, they do not need to register to receive moral rights and they cannot be assigned or transferred to another individual.
The duration of copyright will depend on if the work was published or not. Unpublished work will last for 70 years from publication, whilst published works will last for the life of the creator plus 70 years after their

So long as Grigaro has completed all the requirements he should be successful with his application, however, Copyright does not require registration.
Trademark law would have a very similar effect, in order for Grigario to be protected under Trademark, he would have to start to registration process and satisfy the 3 elements for his application to be consider; The Trademark is a sign , that the sign be used or intended to be used and that it is able to distinguish goods or services provided by others. Grigaro could register the shape of the system, the name, brand, packaging and labels as a trademark, as well as any future trademarks that he intends to use with the brand, that way protecting it so it can’t be used by another person.
By successfully registering the Trademarks Grigaro will have the right to use the trademark and authorise other to use it on his behalf, so long as it’s in relation to the goods and services it has been registered with. It would also give Grigaro the right to obtain relief when someone infringes the Trademarks use. A Trademark also lasts for 10 years and can be renewed every ten year indefinitely