Design copying
The problem: competitor copying designs
An Australian designer with three small retail outlets noticed that direct copies of her dress designs were appearing in another retail outlet close by.
She wanted to take action against the trader, but was advised that without design protection for her original garment she wouldn't be able to pursue the matter.
Only a registered design that has been examined and certified gives you a legally enforceable right to use your product's design and prevent others from using the design without your permission.
The lesson: register designs before releasing them to the market
The designer began filing for registration of her new designs before the styles were released.
Protecting designs by registering them doesn't prevent copying but it does mean you can take court action to enforce your IP rights.
The other trader continued to copy her designs even though they were warned of the design registrations, but the designer can now take court action over the copying.
Last Updated: 24/12/2012
