A case of not comparing Apple(s) with oranges…

Top View Smartphone With Keyboard Charger

A recent decision (Apple Inc. [2023] ADO 2) is a timely reminder for attorneys and applicants of the importance of ensuring that the differences are especially mentioned in the Statement of Newness and Distinctiveness for an Australian registered design. The design at the center of this case was Australian Design 202115002 and, during examination, a […]

Intellectual Property in Fashion

Group of Friends Out Shopping Together, standing in a line

In today’s article we are taking a look at intellectual property in the fashion industry. From mass market fast fashion to haute couture, IP has a critical role to play in keeping your in-vogue styles protected from head to toe. We have put together a few useful considerations for those creating and working within the […]

Advantages of combining trade mark and design registration

So you’re considering launching a new range of products under a clever and exciting name you’ve come up with. The product itself has existed in the marketplace for a long time so you know a patent isn’t the way to go. You might have heard of trade marks and design registrations before but aren’t quite […]

Copy That – GME makes the Case for Design Protection

Often times clients question whether they should seek patent protection OR design protection. While the facts of each scenario may render either patent or design protection impractical, the case of GME Pty Ltd v Uniden Australia Pty Ltd [2022] FCA 520 makes it clear that design protection is not to be overlooked. Background Facts Generally […]

Design Grace Period Finally Arrives in Australia

(Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021) Following our update on the upcoming changes to the legislation that governs registered designs in Australia in February of this year (see here), the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (the Act) received Royal Assent on 10 September 2021. The Act […]

Appearance is Everything: Protecting your IP with a Registered Design

If you’ve designed or developed something that looks unique it’s worthwhile considering how you can best profit from your efforts. Design protection stops others from copying the visual appearance of your product. In Australia, design protection can be obtained for up to ten years. Design protection covers the visual appearance of a product. Visual appearance can include […]

Can email attachments sent to third parties constitute prior publication?

A recent Australian Federal Court Decision on Design Registrations which reversed an initial decision by the Registrar of Designs has shed light on the issue of confidential disclosures by email.   Background On 16 February 2015, Sun-Wizard filed a request under s63 for the Registrar to examine the registered design. In an initial decision dated 17 October 2017, […]

Upcoming Changes to the Australian Designs Act

The Designs Amendment (Advisory Council on Intellectual Property Response) Bill 2020 (“the Bill”) was introduced into the Senate on 2nd December 2020. As reported in our earlier article, the Advisory Council on Intellectual Property (“ACIP”) had released its Final Report after investigating the current Australian designs system. The recently introduced Bill now outlines the proposed legislative changes […]

Brexit Transition Period and Beyond

  The United Kingdom (UK) officially left the European Union (EU) on 31 January 2020 and then entered into a transition period. Owners of European trade marks and/or designs are reminded that the end of the Brexit transition period is fast approaching.   From 1 January 2021 any EU registrations for designs or trade marks […]