Copyright & Design Disputes

Copyright & Design Disputes - Griffith Hack

In Australia the law relating to copyright is set out in the Copyright Act 1968 (Cth). Copyright protection is automatic - registration is neither necessary nor available. Copyright protects literary, dramatic, artistic and musical works. It can also protect other media including sound recordings, films and radio and television broadcasts. Copyright protection entitles the copyright owner to a bundle of exclusive rights depending on the type of work in question. They include the right to reproduce the work in a material form, to publish the work, to communicate the work to the public and to make an adaption of the work. Moral rights prevent others from falsely attributing or acknowledging another as the creator of a copyright work or defacing such a work.

Our lawyers are experienced in advising on all issues relating to copyright including:


  • Creation.
  • Acquisition.
  • Exploitation.
  • Enforcement and infringement.

The law relating to registered designs is set out in the Designs Act 2003 (Cth). Designs must be registered and protect new and distinctive visual features of a product. The registration of designs is particularly important in Australia as it may be the only way of protecting the shape and configuration of three dimensional articles which are intended for large scale commercial exploitation. There is no unregistered design right in Australia. Our lawyers have experience in delivering the advice across the full spectrum of designs rights including:

  • Opinions on ownership, validity, licensing, exploitation, enforcement and infringement of design rights.
  • Preparing applications for designs registrations.
  • Preparing licenses and assignments of registered designs.
  • Advising in respect of design / copyright overlap issues.
  • Providing representation in design infringement and / or revocation proceedings before the Federal Court of Australia.

Please contact one of our lawyer Principals listed on the right for further advice.

Click here for our Copyright and Designs Brochure


Contacts

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Andrew Goatcher LLB (Hons) Grad Dip (IP Law) Principal Melbourne | 03 9243 8300
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John Lee LLB (Hons) BSc Principal Sydney | 02 9925 5900

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