International Fashion
International fashion
While design registration systems are generally the same from country to country, there is no blanket method for world-wide design registration.
If you want to promote your designs on the runways of Milan, Paris, Tokyo or New York, the protection you have in Australia will not necessarily prevent someone in another country from copying your design. Although the principles of design protection may be similar in other countries, the actual laws may differ.
Prior to filing an application for registration in any country (even Australia), it is important to consider your market, your ability to effectively exploit your design, benefits of protection and the strength of your rights in these jurisdictions. In short, these commercial considerations will depend on the position of your business and the importance of the design. Consequently, it may be wise to consider seeking legal advice before you disclose your design. The disclosure of your design in one country may jeopardise your ability to protect the same design in other countries.
There are two strategies to apply for a design in an overseas country:
- Make an application as though it were for the first time (a national application).
- Make an application in another country within six months of your Australian application. When filing your application in the other countries, you can claim priority to the date that you lodged your Australian application (a national convention application).
The priority date is a concept in intellectual property law where the first to apply for registration of a design is given preference. In most countries, this means if two people apply for registration for the same or a similar design, the person with the earliest priority date is given precedence.
Australia belongs to the International Convention for the Protection of Industrial Property, also known as the Paris Convention. There are around 100 member countries of this treaty, including Italy, France, Japan and the United States of America. This treaty is what enables a national convention application to be made.
For more information, practical advice and support on developing your fashion business in international markets talk to Austrade.
