WA IP Australia Registered Design Stolen - What to Do?

Discussion in 'Intellectual Property Law Forum' started by JM81, 12 April 2017.

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  1. JM81

    JM81 Member

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    Hello,

    I have a design registered with IP Australia and found out that a local company has made an identical copy of my design without permission and is selling it in their shop.

    In need of any help / recommendation on how to handle this situation. The people who stole my design are not aware yet that I know what they have done.
     
  2. Leonard Mancini

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    Happy to have a no obligations chat with you to discuss your options: Leonard Mancini - Gold Coast and Brisbane, QLD - LawTap Find a Lawyer & Book Online Instantly
     
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  3. Kim Walters

    Kim Walters Well-Known Member
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    If you want to take legal action, you must request that the design is certified by IP Australia. A registered design cannot be enforced until it has been certified. IP Australia must examine it and determine that it is new and distinctive. Be careful of making threats as the Designs Act allows a party threatened with infringement to seek damages if the threat is in relation to a registered but not yet certified design.

    You may also be able to take action under the tort of passing off or under the Australian Consumer law to protect your goodwill and reputation.
     
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