Tag: Designs

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A No Deal Brexit – how will trade marks and designs look?
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Worth the fight: IP dispute resolution that won’t break the bank
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Design Confusion Post-Trunki?
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Designing Fashion: How to be Inspired Not to Copy

A No Deal Brexit – how will trade marks and designs look?

UK Government issues guidance on IP matters if there is no deal struck

Over two years after the UK voted to leave the EU, there is an increasingly likely possibility that the UK will leave the EU in March 2019 without a deal agreed (although negotiations continue).  As a result, the technical guidance notes published on 24 September 2018 give businesses, brand owners and designers much needed insight into how such a scenario will look.

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Worth the fight: IP dispute resolution that won’t break the bank

Small businesses and individual rights holders are set to benefit from the Intellectual Property National Pilot Scheme in the Federal Circuit Court

A specialist IP list in the Federal Circuit Court of Australia (FCC) is open for business, with the goal of achieving quick, cheap and effective dispute resolution of intellectual property matters.

The Intellectual Property National Pilot Scheme commenced on 1 July 2018 and appeals to small and medium-sized enterprises, individual rights holders and young innovators who may have previously avoided the court system even though they had a legitimate right or a good defence, but found that it simply wasn’t worth the fight.

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Design Confusion Post-Trunki?

The UK Intellectual Property Office Publishes Helpful Guidance on the Use of Representations When Filing Registered Design Applications.

Following the recent Supreme Court judgement in PMS International Limited v Magmatic Limited [2016] UKSC 12, otherwise known as the ‘Trunki case’, the UK Intellectual Property Office has published helpful guidance on the use of representations when filing Registered Design applications. The guidance is directly relevant to design applications filed in the UK but will also be useful for Community design applications filed at the EUIPO.

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Designing Fashion: How to be Inspired Not to Copy

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.

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