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You work in an industry where design innovation is important, for example, clothing furniture or jewellery. Perhaps you also have a new and distinctive design that you do not want others to copy. In order to protect your design, you need to register it with IP Australia in order to obtain design law protection. As […]
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Australia has strict intellectual property laws yet there is a thriving business for replica furniture. How does this affect the law in relation to design rights? The answer is in the intellectual property law itself. Designs registered at IP Australia are only afforded intellectual property protection for a period of five years with the option […]
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In Australia, designs can be protected under both copyright law and design law. In some instances, designs can have ‘dual protection’ of both copyright and design registration. This article will consider the differences between the design registration and copyright and how designers and artists can go about protecting their designs. Copyright Protection The Copyright Act […]
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What is a design? The Designs Act 2003 (Cth) defines a design in relation to a product as meaning the overall appearance of the product resulting from one or more visual features of the product. Design registration is intended to protect designs which have an industrial or commercial use. The purpose of design registration is […]
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A design must be novel and original over the “prior art” in order to obtain a valid design registration. The prior art includes designs disclosed by prior use or publication in Australia. The principal object of designs law and the registered designs system in Australia is to: give protection, through the grant of a monopoly […]
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Protecting the Unique Shape and Appearance of your Design from being copied by Competitors Design law protects the unique look and shape of a product rather than the way a product is used and works. A registered design protects the unique shape of a product’s visual appearance. Designs cover the shape, configuration, pattern and ornamentation applied […]
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