Fashion Law Handbook

Australia strengthens its response to counterfeit goods importation through new legislation that creates strict liability offences and enables infringement notices at the border. The amendments aim to make counterfeit importing unprofitable by ensuring penalties and seized goods exceed potential profits. How will these changes impact intellectual property rights holders and importers operating in Australia?

The Australian Recording Industry Association has amended its chart eligibility guidelines to exclude songs predominantly created by generative AI, sparking debate about the intersection of artificial intelligence and copyright law. This decision mirrors broader legal challenges facing courts and regulators worldwide as they grapple with determining when AI-generated or AI-assisted works deserve copyright protection and recognition.

A service provider who has not assigned their intellectual property still owns it, regardless of what the invoice says. Under the Copyright Act 1968 (Cth), the creator owns copyright by default, and ownership moves only by written assignment. Paying a designer or developer does not transfer ownership on its own. That default gives service providers real leverage where a client refuses to pay. Retention and suspension clauses turn the default into a contractual right to withhold deliverables.

Understanding the legal requirements & best practices for IP assignment can prevent costly disputes & ensure a smooth transfer of ownership.

A warning was issued to copyright pirates earlier this month when a claim made by the video game company Nintendo Co Ltd (Nintendo) against an Australian individual for illegally copying and uploading to the Internet its new Super Mario Bros Wii game was settled.

Adidas has commenced trade mark infringement proceedings in Australia against fashion retailer White Fox over its use of four parallel stripes on clothing. It is the latest dispute to test how far adidas can prevent third parties from using stripe designs which come close to its well-known three-stripe branding.

Lady Gaga has been granted an injunction by the UK High Court preventing a company from infrininging on her trademarks.

Australian patent law requires all patents to be novel—meaning the invention must be new when compared with prior art existing before the priority date. A single prior disclosure that lacks novelty can invalidate a patent claim, jeopardizing licensing agreements, freedom-to-operate assessments, and infringement actions.

In the Communications, Media and Technology Updater on 10 April, we commented on the proposals for the new In the Communications, Media and Technology Updater on 10 April, we commented on the proposals for the new Controlled Foreign Company (CFC) rules and their impact on IP rights following the release of a discussion document on 26 January 2010.(CFC) rules and their impact on IP rights following the release of a discussion document on 26 January 2010.

It is now possible to apply to licence .au direct domain names (domain names directly followed by .au).