MARKETING AND MANAGEMENT LAW 翻譯.doc

MARKETING AND MANAGEMENT LAW BUSL 350ASSIGNMENT 2009, SECOND SEMESTER:8082/smeip/infoshow.php?id=246&class=4/Article.asp?articleid=40885Patent means a certain ownership bestowed upon a person, a group, a company, etc., since they invent or uncover new things and ways to handle matters or make improvement in certain areas. The United States uses additional qualification utility patent to tell it from other types of patents, say design patents. However, utility patent should not be mixed up with utility models that are granted by other countries. Patents concerning inventions range from biological patents, business method patents, chemical patents to software patents and so on. 1952年頒布，此后又修改過14次。現(xiàn)行專利法采用的是1984年的修訂本。早在1925年，澳大利亞就加入了巴黎公約，后又成為斯特拉期堡國際專利分類協(xié)定和PCT聯(lián)盟的成員國。主要內(nèi)容有：申請人對其發(fā)明既可以申請標準專利，也可以申請小專利，并且對改進發(fā)明還可申請增補專利。發(fā)明人或其受讓人，以及受外國發(fā)明人或受讓人委托傳送文件的人，無論是否為澳大利亞居民，均可成為申請人。外國人向澳大利亞申請專利必須在澳大利亞有通訊地址。申請專利的發(fā)明成果必須是新的產(chǎn)品或方法，可以是關(guān)于物品、設(shè)備、工藝或方法的新的構(gòu)思方案。作用于人體的醫(yī)療和外科治療方法、用于控制某一制造過程的檢測方法、用于食品或藥品的單純混合物以及生產(chǎn)此類混合物的方法，均不能獲得專利保護。It was enacted in 1952 and revised up to 14 times. Current patent laws are the revised version dated 1984. As early as 1925, Australia joined the Paris Convention and later became a member of Strasbourg International Patents Classification as well as PCT Association. The main content includes: the applicant can apply for both standard patent and small patent for his invention. Besides, he can apply for patent of addition for additional invention. Inventors or their transferees and people entrusted to deliver documents by overseas inventors or transferees, without regard to their nationality, are entitled to be applicants. Foreigners who apply for patents in Australia should have communication address in Australia. Inventions or achievement to be patented should be new products or methods. Also, they could be new ideas for items, equipments, techniques or methods. Methods applied to medical treatment and surgical treatment for human beings, examination used to control certain production process as well as compounds and ways employed to produce such compounds are not allowed for patent protection. 此外，違反澳大利亞法律的發(fā)明以及不屬于澳大利亞專利法所稱的發(fā)明也不受專利保護。但是，整容治療方法、新的藥物、植物和生物方法都可以獲得專利保護。一項發(fā)明在提出專利申請之前，沒有在澳大利亞國內(nèi)的出版物上公開發(fā)表過，也沒有在澳大利亞國內(nèi)公開使用過或以其他方式為公眾所知，那么該項發(fā)明便符合新穎性條件。In addition, inventions in violation of Australian laws or those not considered inventions under Patent laws in Australia are not given patent protection. However, plastic surgery, new medicine, methods of botanic and biological nature can be granted patent protection. Should one invention that has never been published within Australia, nor has it been used in public or made public within Australia before patent application, meets the requirements of newness. 對于標準專利申請，專利局不主動進行審查，申請人可以在提交完整說明書后的5年之內(nèi)隨時提出審查的請求，超過期限而未提出審查請求的，該申請失效。對提出審查請求的專利申請，專利局首先要檢索50年以來的澳大利亞專利文獻和申請文檔，以審查新穎性。之后還要審查說明書是否對發(fā)明作出充分描述，是否給出了實施的最佳方式以及權(quán)利要求是否清楚，是否以說明書所描述的內(nèi)容為依據(jù)等等。標準專利申請一經(jīng)專利局蓋章，即視為取得了專利權(quán)。專利權(quán)保護期限為自提交完整說明書之日起16年，特殊情況下還可再延長10年。專利權(quán)授予后滿3年，若該發(fā)明沒有滿足公眾的合理需要，則該專利就可能被實施強制許可，若批準強制許可后滿兩年，公眾的合理需要仍然沒有得到滿足，專利局便可撤銷該項專利。如果專利權(quán)人由于疏忽大意而導(dǎo)致其專利失效，只要專利權(quán)人及時地提出請求，仍有可能恢復(fù)專利權(quán)。With reference to standard patent application, the Patent Bureau will not offer examination. Applicants can make a request within 5 years after submitting complete instruction. Overdue examination application will be disregarded. In regard to patent application requiring examination, Patent Bureau should search patent documents and application requirement document from Australia in the past 50 years in a bid to examine newness. Then the Bureau should examine whether the instruction makes a detail description of the invention, offers an optimal way and explicit right claim or not. Besides, these ways and right claims should be based on content described by instruction. After Patent Bureau stamps on standard patent application, the rights of patent should be validated. Protection standard period will expire after 16 years upon submission of complete instruction and in special case; it can be extended for another 10 years. If the invention has been patented for 3 years and not met the publics reasonable needs, a compulsory license for exploitation of the patent could be granted. If, within two years after compulsory license for exploitation of the patent has been granted, this invention still fails to meet the publics reasonable needs, then its patent should be removed. If patents were made invalid due to patent holders carelessness, as long as patent holders made a request in a timely manner, it is still possible for them to reinstate patent rights.Patent application must be in a written form and sent to patent office. Generally, the application should encompass complete descriptions of the use of the invention. And such invention should offer abundant details about how to make and use the invention from a skilled user perspective. Some countries may have specific requirements for such information as the influence of the invention, how to optimize operation of the invention and to solve related technical problems that may arise. Meanwhile, a drawing regarding the invention should also be provided alongside. Included are also one or more claims which are usually not needed when the application is sent in the first time. The claims spells out what the applicant intends to protect and the claims also stipulates others are barred from making or selling the inventions and using or selling the methods whose owners have patents over. To sum up, the claims stipulates what inventions are patented or the protection scope.Once an application is delivered to the Patent Bureau, it is very often referred to as patent pending.However, patent pending, as a special term does not bestow protection under the law. In that case, a patent can not be enforced until it is granted by the Patent Bureau afterwards. It warns potential patent infringers that if they, in the future, engage in copying, manufacturing, using or selling the patented methods, items, technologies, inventions, etc., then they are liable for any damages incurred. Should a patent be granted, then it should conform to certain requirements of a certain country before it comes into legal effect in a particular country, which means it should meet all corresponding patentability requirements of that country. Generally, the majority of Patent Bureaus will examine the applications conformity to these corresponding requirements once they receive the applications. Should the applications do not meet the needed requirements; objections are delivered to the applicant or their patent agent or attorney. Following is chances on the part of patent applicants applicant or their patent agent or attorney to cope with the objections to bring the application into conformity are usually given.Once a patent is granted, as a matter of fact, most countries will charge it for renewal fee so to keep it effective. Besides, the charge standards will vary in different countries. Normally, these fees should be paid annually, but the States practices differently which makes it an exception. There are also some other countries, which requires patent holders to pay the renewal fees even prior to the granting of the patent. These countries include the European Patent Office. Warmglow Ltd is a home fireplaces manufacturer who also engages in sales of these home fireplaces.As a marketing manager of Warmglow Ltd., Jill Lee needs to prepare marketing campaigns for the company. Usually, he works with the technicians when in company. His colleagues and technicians are obligated to create highly efficient fireplaces with reliable durability. At work, he could learn a great deal form his colleagues from technical departments. In additions, he gets familiar with technical designs and plans by dealing with them frequently. Through the use of Eucalyptus oil and carrawwa seeds, Jill invents a new chemical fuel, which can power the home fireplaces. Later on, she names this chemical fuel “Enviro oil.” It is when Jill is using Warmglow Ltds science laboratory that she works out this chemical fuel. Subsequently, thanks to this new fuel, she goes on to create an innovative domestic fireplace to generate heat. Later on, she gives the new fireplace a name called “Envirofire.” As an environmental-friendly product that reduces carbon dioxides emission to the lowest point. The innovative side of this fireplace is that if does not run on such fossil fuels as gasoline and it does not need electricity for powering or any other form of power either. This is an unprecedented fireplace to employ Eucalyptus oil and carrawwa seeds as power. Generally speaking, Eucalyptus oil is very widely used in a wide variety of industries. However, this is for the first time it is adopted in powering fireplaces. So, Jill is mulling to make profit out of Envirofire fireplace, which means sell it as a commodity. Ideally, she wants to put up ads for “Envirofire” product and she intends to advertise it vi