top of page

Search
Can I still protect my design after publicising it?
Australia introduced a grace period for filing design applications on 10 March 2022. This will mean that your design will still be...
stevedavey4
Aug 31, 20212 min read
How do I protect my idea in China?
You can protect your idea in China with a patent application. There are three types of patents in China: (1) invention, (2) utility and...
stevedavey4
Mar 19, 20212 min read
How do I protect my design in New Zealand and Australia?
You can protect your design by officially registering it. An application, accompanied by a Statement of Novelty and representations of...
stevedavey4
Feb 5, 20216 min read
Can I copy clothing pattern designs?
No. You cannot even make substantial reproductions of clothing designs. That would constitute copyright infringement. In the case of...
stevedavey4
Oct 15, 20202 min read
Can I stop someone from copying my architectural design?
If an original architectural design is made, then the designer will own the copyright in those designs. If the designer is the...
Steve Davey
Feb 25, 20162 min read
Can someone use a design that I have registered?
If you have registered a design, you will not be able to enforce that registration against a third party if you or the third party used the design before the filing date of your registration. In that instance, your design registration would be invalid. If you sue for infringement in these circumstances, you will be ordered to pay for your opponent's legal costs. This was demonstrated in the case of Rosemin Pty Ltd v Gasp Jeans Chadstone Pty Ltd [2010] FCA 228). Rosemin wa
Steve Davey
Apr 30, 20102 min read
Should I rely on copyright or design protection for my artistic work?
Some products can be protected by both copyright law and designs law. Copyright protection is automatic, it doesn't require registration and it lasts for the life of the author plus 70 years. By contrast, design protection lasts for only 10 years. But designs law provides more legal certainty than copyright law when it comes to products. If you register your design for a 3D product, copyright will be extinguished and you will have to rely on your design registration. If
Steve Davey
Apr 26, 20072 min read
bottom of page