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ARTICLE · 17 MARCH 2015

Did you knock off MY DESIGN?

Provided the original design registration has expired, it is perfectly legal to sell replica furniture in Australia.

AustraliaIntellectual Property
Sam Bassingthwaighte (Formerly With ClarkeKann Lawyers)
Sam Bassingthwaighte (Formerly With ClarkeKann Lawyers)
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REPLICA FURNITURE INDUSTRY

It seems as though there is a replica furniture store everywhere you turn on the web these days. Sometime over the last decade or so, the retail furniture industry has realised that provided the original design registration has expired, it is perfectly legal to sell replica furniture in Australia.

But while the classics, such as the Eames lounge chair and ottoman (1956), or the egg chair by Arne Jacobson (1958), have long been copied by retailers looking to cash in on these well-known designs, contemporary Australian designers are now also being affected. It is difficult enough for a designer to recoup their significant investment in their design when, only a short time after registration and publication of their design, a very similar product appears on the market, often at a sharp discount.

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