The test of ‘substantially similar in overall impression’ in section 19 of the Designs Act 2003 (Cth) is stronger than the test of ‘fraudulent or obvious imitation’ in Designs Act 1906 (Cth). Introduction Despite the increased celebration of product design, the law protecting designs remains amongst the least utilised of all the registered intellectual property
Are you doing business in China? If so, you may want to consider registering your name or brand as a trade mark to protect it. Trade marks are country based, so you only have protection in countries where you have a registered trade mark. It may be surprising to some, but there are many similarities
From a legal perspective, trade marks are property. Intellectual property to be precise. Although most laypeople would consider bricks and mortar type property as being quite distinct from “intellectual property”, the law makes no such distinction. A trade mark is treated as property that can be sold, licensed, and potentially even stolen. Accordingly, when valuing
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