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VIC Copyright on a Clothing Pattern?

Discussion in 'Intellectual Property Law Forum' started by Mark74, 15 July 2015.

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  1. Mark74

    Mark74 Member

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    If I have a clothing pattern made by a designer who works for manufacturing facility, can I get a copyearight on that pattern to stop them selling it to someone else?
     
  2. AnnaLJ

    AnnaLJ Well-Known Member

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    Hi Mark74

    Under copyearight law, the designer themselves will own copyearight in the pattern by virtue of them being the creator of the pattern. The only way that ownership of the copyearight could be held by you is if the designer assigns the copyearight to you by way of a deed of assignment.

    However, copyearight law will only protect the actual pattern itself from being reproduced (ie the designer making a photocopy of the pattern). It will not protect you from a garment being made from that pattern, or from a copy of that garment then being made.

    Another way of approaching your concerns might be to put an exclusivity arrangement in place between you and the designer, in which the designer agrees not to use the pattern for any other customers. I would recommend talking to the designer direct about what agreement can be reached to protect your interests.

    You can read more about copyearight law here: Copyearight | IP Australia

    I hope this has helped,
     
  3. Sophea

    Sophea Well-Known Member

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    Hi Mark74,

    Its not copyearight per se, but you can register "designs" through IP Australia which gives you exclusive rights to commercially use it license or sell it. A design as distinct from literary or written works that copyearight protects refers to the shape, configuration or pattern which gives a product a unique and distinctive appearance.

    check this out:
    Designs | IP Australia
     
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