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ausip:registered-designs [2018/11/02 15:10]
jessiej_87 Edit and additional content
ausip:registered-designs [2020/03/20 15:28] (current)
125.7.106.36 Design/copyright overlap 2nd para - changed loose to lose
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 # Registered Designs # Registered Designs
  
-Designs ​are used to protect the unique and distinct appearance of mass produced products. This protects one or more aspects of the visual appearance such as pattern. Designs do not protect the materials the products are made of.  +## Designs ​in brief
- +
  
-**Video overview by Nicolas Suzor on [Registered Designs](https://​www.youtube.com/​watch?​v=AcbQ6B8I00g&​list=PLa0bKPnUKQrygyeH-viiW_85BrcICvAve&​index=1).**+A design right aims to protect the outward appearance or aesthetic appeal of a productIt covers shapes, ornamentation,​ configuration and patternDesigns differ from patents in that they cover how a product looks, rather than how it works.
  
 +To qualify for registration,​ a design must have a commercial application or use, and must be new and distinctive compared to what has gone before. Once registered, the law gives the owner the sole right to commercially use, license or sell the design. Design registration lasts for 5 years, with the opportunity to renew registration up to 10 years. ​
  
-## Designs+<WRAP center round info 60%> 
 +For designers to get protection, a design must be registered before any manufacturing starts. One-off artistic designs for things like fashion, art, and furniture will often be automatically covered by copyright law and do not require design registration unless they are mass produced (50 or more items). Once a design is mass-produced or once the owner registers for design protection, copyright in the artist design is lost. 
 +</​WRAP>​ 
 + 
 + 
 +**Video overview by Nicolas Suzor on [Registered ​Designs](https://​www.youtube.com/​watch?​v=AcbQ6B8I00g&​list=PLa0bKPnUKQrygyeH-viiW_85BrcICvAve&​index=1).**
  
-Designs are protected under the *Designs Act 2003* (Cth) (//DA//). A design protects the visual appearance of mass produced goods. To gain protection of a design, it must be registered. ​ 
  
 ## Design Definition ## Design Definition
 +
 +Designs are protected under the *Designs Act 2003* (Cth) (//DA//). A design protects the visual appearance of mass produced goods. To gain protection of a design, it must be registered. ​
  
 A design is “the overall appearance of the product resulting from one or more visual features of the product”. ((//DA// s 5))  A design is “the overall appearance of the product resulting from one or more visual features of the product”. ((//DA// s 5)) 
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-**Video overview by Amara Boustead on [What a '​Product'​ is in Design Law](youtube>kT-0YI5sBYQ)** +**Video overview by Amara Boustead on [What a '​Product'​ is in Design Law](https://​www.youtube.com/​watch?​v=kT-0YI5sBYQ)** 
-**Video overview by Sophia Shen on [What a '​Product'​ is in Design Law](youtube>aBpcUmKsW2A)**+ 
 +**Video overview by Sophia Shen on [What a '​Product'​ is in Design Law](https://​www.youtube.com/​watch?​v=aBpcUmKsW2A)**
  
  
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 An important principle of design protection is that the courts and legislature attempt to prevent people from being simultaneously protected by both the design and copyright systems. Industrial applications of visual features are best suited to be protected by designs (as opposed to copyright). An important principle of design protection is that the courts and legislature attempt to prevent people from being simultaneously protected by both the design and copyright systems. Industrial applications of visual features are best suited to be protected by designs (as opposed to copyright).
  
-Particular designs that might be protected by copyright may loose its copyright protection if the design has been applied industrially to mass produced products. This will be discussed in more detail below. ​+Particular designs that might be protected by copyright may lose its copyright protection if the design has been applied industrially to mass produced products. This will be discussed in more detail below. ​
  
 Not all copyright protections are lost in the copyright design overlap. The copyright design overlap does not apply to flat designs such as printing on T-shirts. It only applies in visual features of the 3D product. ​ Not all copyright protections are lost in the copyright design overlap. The copyright design overlap does not apply to flat designs such as printing on T-shirts. It only applies in visual features of the 3D product. ​
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 It is not an infringement of copyright in an artistic work to reproduce if reproduction is derived from a 3D product that embodies a corresponding design; and reproduction is in the course of making, selling, or advertising a non-infringing product.((//​CA//​ s 77A))  It is not an infringement of copyright in an artistic work to reproduce if reproduction is derived from a 3D product that embodies a corresponding design; and reproduction is in the course of making, selling, or advertising a non-infringing product.((//​CA//​ s 77A)) 
  
-###​Burge ​v Swarbrick (2007) HCA 17+__Burge ​v Swarbrick (2007) HCA 17__
  
 Naval architect hand-built life size prototype ('​plug'​) for fibreglass moulds. Held - not a work of artistic craftsmanship. Matters of visual and aesthetic appeal were secondary to function. Therefore s 77 removed copyright protection. ​ Naval architect hand-built life size prototype ('​plug'​) for fibreglass moulds. Held - not a work of artistic craftsmanship. Matters of visual and aesthetic appeal were secondary to function. Therefore s 77 removed copyright protection. ​
  
 ## IP in the Fashion Industry ## IP in the Fashion Industry
 +
 +Intellectual property is a valuable tool used protect works in the fashion industry. Many aspects of intellectual property are involved in protecting fashion such as copyright, trade marks, patents and designs. ​
 +
 +The following video discusses the way intellectual property operates in the fashion industry and outlines the copyright design overlap and how it effects fashion works. ​
  
  
-**Video overview by Emily Burns on [IP in the Fashion Industry](youtube>bLHIgfWk9e8)**+**Video overview by Emily Burns on [IP in the Fashion Industry](https://​www.youtube.com/​watch?​v=bLHIgfWk9e8)**
  
  
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