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K&L Gates' Christine Danos and Zara Lim analyse 3D-printing - and how Australian brands can protect themselves.
Technology has come a long way in the past decade.
One recent big game changer is the 3D printer. 3D-printing works by deconstructing a 3D object into 2D slices and layering the cross-sectional slices of the design to print a 3D object.
The process occurs by using 3D modelling software such as Computer Aided Design (CAD) which can create designs from scratch, or by scanning a physical object using a 3D scanner.
The rise of 3D-printers poses increased risk for the fashion industry.
While the benefits of 3D-printers include customised orders and a more efficient manufacturing process, 3D-printers also bring the risk of mass copy products being manufactured rapidly and cheaply.
It is important to consider the impact of 3D-printers on the fashion industry and the legal implications.
While 3D-printing is being used in haute couture at present, the availability of 3D-printed clothing and accessories in the mainstream retail market is not too far off.
In 2015, Karl Lagerfeld presented a number of dresses for Chanel and a version of Chanel's iconic suit featuring 3D-printed detail at Paris Fashion Week. This year's "Fashion in the Age of Technology" themed Met Gala saw actress
Allison Williams in a gown designed by Peter Pilotto, embellished with a number of 3D-printed flowers, while the
Costume Institute's exhibition, Manus x Machina, showcased a number of garments featuring 3D-printed detail.
Technology and innovation in the form of 3D-printing provides exciting possibilities and benefits for the fashion industry, however, it will also bring disruption to the sector.
In 2015, a company called Electroloom launched a Kickstarter campaign to fund a 3D-printer capable of printing seamless, ready-to-wear garments on fibrous, flexible fabric.
Given the potential for 3D-printers to mass reproduce fashion garments and accessories quickly and cheaply, businesses need to ensure they have appropriate intellectual property rights protection in place for their brand, products and designs to safeguard against the risks posed by rapid advancements in technology.
The same laws which currently apply to infringement of intellectual property rights of fashion labels will equally apply to infringements which occur by way of a 3D-printer.
In Australia, design registrations can protect against 3D-printed copies or reproductions of the overall appearance of a product.
Registered designs can protect the shape and configuration of the product provided that the design is new and distinctive.
Design applications must be filed before you publicly disclose your design to the world and your design must also be different enough to any other design released throughout the world in order to register a validly enforceable design.
A design registration provides a maximum period of protection of 10 years. If another person produces a 3D-printed product that is identical or similar to your design during the period of protection, you may have a claim for design infringement.
Shape trade marks are also useful for protecting jewellery and footwear or garment designs against being readily copied by 3D-printers.
Unlike registered designs, you can use your 'shape' in the market prior to applying for trade mark protection and in most cases you will need to have used it widely and for a long period of time prior to applying for registration.
Shape trade marks are particularly valuable to protect accessories and footwear designs which have been extensively promoted as once registered, a trade mark is renewable indefinitely every 10 years, thereby providing a very long period of protection.
3D-printed fashion is fast moving from the haute couture runways to the mainstream and it will not be long before it hits the high street.
Fashion labels should start considering the technology's possible impact on the industry and consider design and trade mark protection to guard against the power of this new technology.
Submitted by K&L Gates senior associate Christine Danos and lawyer Zara Lim. For more information about design and trade mark registration and enforcement, please contact Christine Danos (christine.danos@klgates.com). This article is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer.