The case of Ahiida Pty Ltd v JB Trading Group Pty Ltd [2016] FCCA 3146 shows that compensation can still be awarded even if the owner of...

If you register your design, you will be able to stop the sale of products which are not just identical to your registered design, but also products which are "substantially similar in overall impression" to your design. In assessing infringement, more weight has to be given to similarities than to differences between your registered design and the infringing product. You have to consider how similar the registered designs is to designs which have come before it (so called "

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

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