find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Design infringement cases increasing for IP lawyers

Design infringement cases increasing for IP lawyers

IP lawyers could become more involved in the fashion industry as designers become savvier in terms of protecting their work, according to an IP partner.

In Australia, two-dimensional aspects of fashion designs, such as patterns and graphics, are automatically covered by copyright; however, the overall design of a garment can only be protected by filing a design application.

Once registered, the shape, pattern, ornamentation and overall appearance of the garment is protected for 10 years.

Speaking at the K&L Gates Fashion Law Breakfast event last week, IP partner Lisa Egan (pictured) said that as brands become more educated in terms of filing design applications, IP lawyers could see an increase in design infringement cases.

Ms Egan said that lawyers need to play an educational role with their clients to ensure they are protecting their work this way, and doing so prior to their garment being released.

“There used to be the ability to protect three-dimensional works through copyright but the legal position on that changed in 2004, so that has made it much more difficult for designers to be able to protect their styles,” Ms Egan said.

“It's really an education role around making sure they understand what they need to have within their businesses to be able to prove their own ownership and also be able to defend any cases made against them.”

Ms Egan said that design registration is not as cost prohibitive as most people assume it to be, and it gives them some “serious weaponry” to use if someone does copy them.

Designers who feel they have been copied and have registered their design begin by sending a letter of demand to the offender, and often the case is solved soon after that, Ms Egan said.

“These sorts of cases are usually resolved on the basis that the business is prepared to stop selling the garments and deliver them up for destruction, that there’s an amount paid to compensate in terms of a damages amount, and that they agree never to sell the garment again,” she added.

Ms Egan was joined at the event by fellow K&L Gates IP partner Jonathan Feder, as well as Seafolly CEO Anthony Halas and The Australian fashion editor Glynis Traill-Nash.

Like this story? Subscribe to our free newsletter and receive Lawyers Weekly every day straight to your inbox.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Design infringement cases increasing for IP lawyers
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...