Ask a question | Back to Q & A

Q & A

What are the repercussions for the fashion industry of successful design infringement prosecutions before the Australian courts?

A series of successful design infringement prosecutions could have far reaching implications for a common product development practise in fashion which short cuts proper design process. ‘Buying’ where samples are purchased and knocked off is a poor substitute for design process, the benefits of which are difficult to measure. In an unregulated industry where trend verges on wide spread copying and time is of the essence, many compromises are adopted to meet delivery deadlines and cost pressures.

Communication issues, lack of design technology knowledge and skill, inability to visualise and just plain laziness are all underpinning causes of a dilution of the traditional ‘buying’ process. This evolved because businesses have moved their activities up and down the supply chain searching for additional margins. Many retailers have become product developers with house brands; manufacturers are selling direct through catalogues; agents have become wholesalers / importers and so on. Jobs in the product development area require sound knowledge in product and process. It is not enough to cut out a magazine picture and expect some magical garment to appear through an outsourced production process. Nor is it ethical to go on an overseas buying trip and on return cut a swatch of the fabric for analysis, spike (trace) the garment for a pattern and add it to a rack to complete a range.

Fashion designing is not just about aesthetics, it is also about functionality and many other aspects of the garment and production process. Those designers who have effectively developed a signature style or unique piece would be wise to look into design registration for at least one item in their ranges prior to disclosure. Whilst registering a design can be time consuming and costly, it is a risk management strategy and used wisely can be very effective. A successful prosecution sends a strong message to your supply chain and competitors to treat you well. Design registration also conveys to your consumer the value you place on your designs.

Ask a question | Back to Q & A