To register or not to register? State of Escape decision reinforces the importance of securing design registration over attempts to rely on copyright (Australia)

By Shaun McVicar and Byron Turner

For designers and manufacturers launching new products, registered designs are the most appropriate means of protecting the design of, or embodied in, those products.  A recent appeal court decision reinforces that, in the absence of a registered design, attempts to establish copyright in these products as "works of artistic craftmanship" will face significant hurdles, particularly where the design of those products is influenced by functional considerations.

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