In part 1 of this series (here), we considered the welcome introduction of a 12 month grace period that came into effect as of 10 March 2022. The grace period protects a design owner against inadvertent disclosure of a design before an application for protection of the design is filed – previously, this was fatal to having enforceable design rights. In part 2, we delve into the prior use infringement exemption that concurrently came into effect to mitigate the commercial risks that might arise as a result of the grace period.Read More
Protecting the visual appearance of a product, or its packaging, should be a key consideration in any comprehensive IP protection strategy. We have previously written about amendments to the Australian Designs Act 2003 (Cth) (here and here). All changes to the Designs Act have now come into force as of 10 March 2022. In this first of a series of articles, we delve deeper into amendments that introduce the long awaited grace period.Read More
Earlier this year, K&L Gates hosted its annual Fashion Law Breakfast in conjunction with the Virgin Australia Melbourne Fashion Festival. A fantastic panel of both fashion and legal experts divulged tips on inspiring creativity in the fashion industry and combating copyists.
Following trend forecasts and drawing inspiration from the catwalks overseas is nothing new or particularly sinister. However, there is a clear distinction between drawing inspiration and copying.
Fashion brands need to have a culture that sets clear expectations when it comes to drawing the line between inspiration and copying. Creating something new and innovative needs to be part of a fashion brand’s modus operandi. Junior designers with their fresh approach and cutting edge design skills should be encouraged to work on hero collection pieces.
K&L Gates hosted a panel of experts, featuring David Briskin (Executive Chairman, sass & bide and Director, VAMFF), Rachel Smith (Partner, Deloitte Touche Tohmatsu) and Jol Rogers (Partner, K&L Gates), at its annual Fashion Law Breakfast held as part of Virgin Australia Melbourne Fashion Festival. Read More