Register original designs and protect against copying
How to....
There has been a buzz in the fashion industry over the last few years as original designers have taken copiers to task over replicating their designs. Recent cases brought about by Bettina Liano, AG, Scanlan & Theodore and Review have highlighted the value placed on original design. Lisa Egan (With changes to both copyright and designs legislation which applied from 17 June 2004, the means of protecting such designs has changed. In most cases, copyright is no longer an option and designers now need to apply to register their designs with IP Australia, the Commonwealth government body which governs registered intellectual property rights. The good news is that it is easy and you can do it yourself.
Where to start?
The application for the design must be filed prior to the design being released to the public. This is critical, as once the design is on the shop floor, it is too late to seek registration.
The registered designs system protects any designs that are "new and distinctive"; therefore a simple design for a t-shirt will not be capable of protection. However as long as the design has not been copied from another source (whether local or international) and has distinctive elements, it will be capable of protection.
How do I register and what is the cost?
To register a design, follow these steps:
* Prior to releasing the new design to the market, complete a Design Application form and send to IP Australia with the filing fee of $200.
* Multiple designs can be filed in one application, in which case only $200 for the multiple application is payable, which makes the costs of filing a range feasible.
* Within 6 months of filing the design(s), determine which of those you still wish to register. You then need to request registration of those designs (and pay $200 for each design requested), and the remainder of the designs applied for will lapse.
* If your design has been copied, you need to request examination of your design and pay a fee of $360. IP Australia will examine your design, and provided it is "new and distinctive" the registration will be certified and you can sue any traders who copied the design.
What if I don't register?
Design registration is now the only form of protection available for new fashion designs (with some limited exceptions). Therefore if you do not apply for registration and subsequently find someone has copied your design, there won't be anything you will be able to do to stop them from copying.
How can I obtain further information?
For further information, visit the IP Australia website located at www.ipaustralia.gov.au or contact Lisa Egan of Middletons on (03) 9640 4273 or email fashion@middletons.com.au
Middletons also run training sessions and provide kits and forms to designers wishing to register their designs.