News
Fashion Survey
We are currently evaluating our marketing and communications activities for Fashion Rules. In 2008 we sent out an initial survey to the databases of IP Australia, The Australian Fashion Council and Fashion Group International. This follow up survey will help us gauge the success of our activities and measure our effectiveness.
This survey has now closed. Thank you to everyone who participated. IP Australia will soon be reporting on the findings.
Counterfeit Chic
The history of fashion is a tale of innovation, but also of imitation. Trendsetters create and embrace new styles, but without copycats there would be no trends. This tension lies at the heart of Counterfeit Chic.
US popstar Katy Perry rocks fashion designer's world
HER fashion sense has been described as "Lolita meets Joan Jett" but if you think US popstar Katy Perry's style is too quirky for Australian shoppers, think again.
Lawyers acting for the singer and musician are opposing a bid by a local fashion designer to trademark her birth name, Katie Perry, for her clothing label, despite the minor difference in spelling.
Nice fit in victory ugg
A FEW YEARS ago, Ugg boots were regarded as dowdy and usually worn only in the privacy of people’s homes. Then international stars such as Pamela Anderson, Cameron Diaz, Kate Moss, Sarah Jessica Parker, Madonna and Gwyneth Paltrow became fans, sales rocketed, and an Australian cottage industry found itself in conflict with the hard-nosed world of international fashion.
Unravelling the threads: protection for fashion designs under Australia's IP laws.
This article looks at the protection afforded to fashion designs by each of the forms of IP recognised under Australian law, including some recent cases handed down by the Australian courts.
Clothing and fashion overview
An overview of the clothing and fashion export markets from Austrade.
The Importance of Branding in Fashion
Success in the fashion industry is more than just crafting beautiful designs, it's about selling. And the easiest way to sell clothing designs is with a good brand.
Fashion Law Breakfast
Middletons will again be hosting the Fashion Law Breakfast on the 17 March 09 in Melbourne.
Women in global business
Hear about the latest opportunities, winning strategies and future trends at the 'Women in Global Business' National Seminar Series to be held nationally.
Fashion and Protection
Fashion Rules Survey
To gauge the level of intellectual property (IP) awareness in the Australian fashion industry, IP Australia along with The Australian Fashion Industry and The Fashion Group International recently sent a short survey to 450 members of the fashion industry.
Of the 79 respondents who completed the survey the majority were designers (55%) and marketing professionals (17%).
The results revealed that 51% of respondents were very aware of intellectual property, 39% were somewhat aware and 8.9% were not aware of intellectual property at all. This section of the fashion industry i.e. those who were either somewhat or not at all aware of IP represent an important target group for IP Australia.
The types of intellectual property protection respondents were mostly aware of were Trade Marks (88%) and Copyright (76%). Awareness levels for Design registration and Patent protection came in equally at 66%.
Many respondents were interested in increasing their own awareness of IP, with 73% advising they would like general information about intellectual property, with strategies for protecting their Designs and Trade Marks (64%) and Exporting (56%) being popular topics of interest. Additionally, over one third of respondents chose to be added to our fashion mailing list and will be updated with any future IP
IP Australia would like to thank all the survey participants and look forward to using this information to help tailor a 12 month marketing and communication plan. We will be repeating the survey after 12 months to assess any changes in awareness levels and to ensure we are providing relevant and useful intellectual property information.
If you have any further questions regarding this survey or the Fashion Rules product, please contact marketing@ipaustralia.gov.au or call 1300 65 1010.
Questions and Answers
Survey respondents were encouraged to provide additional relevant comments with a number of questions arising. Below is a sample of some of these questions, and answers, that may be of interest.
Question: IP and the Internet? How to protect yourself when the whole world is your market without breaking the bank?
Answer: IP and the Internet is an acknowledged challenge, in that the Internet provides access to the global market while registered trade mark, patent and design rights are territorial. There is no 'global' IP right.
The best strategy may be to seek registration of IP rights in your markets of interest.
http://www.ipaustralia.gov.au/trademarks/international_background.shtml
http://www.ipaustralia.gov.au/trademarks/international_how.shtml
Below are some links to further information on IP Australia's website dealing with IP on the Internet and operating in a global market.
http://www.ipaustralia.gov.au/factsheets/protect_internet.shtml
http://www.ipaustralia.gov.au/factsheets/ip_global_market.shtml
Question: I would like to know about the costs and time involved in obtaining IP and Trade Mark Protection.
Answer: The process of obtaining a Trade mark, Design, Patent or Plant Breeder’s Right all vary in time and money. For all up to date costs and timings for each IP right, please visit IP Australia www.ipaustralia.gov.au.
In regards to specifically obtaining a trade mark, there are a couple of options. Following is a link to the Trade Marks Application Kit, which includes all the information you may need. If you require further help, you can contact IP Australia’s Customer Service Network at assist@ipaustralia.gov.au or on 1300 651 010.
http://www.ipaustralia.gov.au/pdfs/trademarks/kit.pdf
Question: From my reading it seems that a Reg. Design gives very limited protection, is that so? I have also come across instances of items patented in another country and 'publicly known' items being patented in other countries, incl China and USA, so can you suggest best course of action with greatest prospect of successful protection against pirating?
Answer: A registered design can be a valuable commercial asset. If you own a registered design you can take steps to enforce your design rights. Once your registered design is examined and certified, you may sue for infringement if another person uses your registered design without your permission.
The scope of protection offered by a registered design very much depends on what you are seeking registration for. An attorney can provide advice on the registrability and enforceability of a potential design registration.
As a registered owner, you:
- have the exclusive right to use the design specified in your registration;
- have the exclusive right to authorise other people to use your design as specified in your registration;
- have a registered design that is your personal property that can grow in value and be sold;
- have a registration that covers the whole of
- can take action to stop other people using your design after examination and certification.
As far as suggesting the best course of action for you against pirating, it is hard to do so without full awareness of your circumstances. Additionally, IP Australia staff are prohibited from providing any legal, commercial or business advice and can offer you information only. IP Australia’s website provides information on the various IP rights, including a page about developing IP strategies at:
http://www.ipaustralia.gov.au/strategies/importance_developing.shtml
You may wish to consider seeking professional advice in regard to the best strategies for protecting your IP overseas. A list of registered IP professionals can be found on the website at:
http://www.ipaustralia.gov.au/resources/professionals_attorneys.shtml
Question: IP Australia is a great site and very easy to navigate. I have had troubles with verifying international agents in Asian countries and any help linking up registered and genuine agents to assist with trade mark applications would be great.
Answer: Thank you for your feedback. A list of registered Trade Marks Attorneys and other IP professionals can be found on our website at:
http://www.ipaustralia.gov.au/resources/professionals_attorneys.shtml
Some of them, especially the bigger firms, may be able to provide with contacts in Asian jurisdictions. Alternatively, the website of the World Intellectual Property Organization (WIPO) contains a directory, including websites, of many IP Offices around the world. You may be able to contact the IP Offices of your countries of interest directly for their assistance. WIPO’s directory can be found at:
