Article: First Victory For Australian Designer Under The Designs Registration Regime.

Prior to 2003, fashion designers could sue copyists of their original designs under copyright law. In the Federal Court decision of Muscat v Le, Justice Finkelstein held that Theresa Muscat owned copyright in her dress making patterns for a pair of V-shaped dance pants. His Honour found that the respondent in copying these dance pants would have produced dress making patterns which infringed Ms Muscat's dress making patterns in breach of her copyright rights.

However, changes in 2003 to the Copyright Act 1968 (Cth) and the introduction of the Designs Act 2003 (Cth) meant that if fashion designers want to protect their original designs then they need to register designs for ...

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