Designs and copyright overlap

There are a number of instances where design law overlaps with other areas of intellectual property law, such as copyright. In Australia, copyright is an automatic form of protection which exists in most original artistic, literary, musical and various other types of works as soon as they are created. The copyright owner is entitled to stop others from unauthorised reproduction, publication, broadcasts and various other acts in relation to the work.

Some registered designs are also protected by copyright, although it is important to appreciate that, in many instances, copyright is no longer infringed once the design has been industrially applied.

What does this mean for my design?

If you are unsure about whether your work is protected by copyright or whether you need to apply for a registered design, we recommend you speak to one of our attorneys. We have a thorough understanding of all aspects of design law and copyright. We can provide you with the full range of services associated with these areas, including registration, searching, drawings, litigation, licensing and enforcement, as well as providing advice on how they may be used as part of a broader commercial strategy.