Articles

Replica furniture – is it legal?
Sharon Givoni Consulting Copyright, Intellectual Property, Protecting ideas, Trade marks
Unsurprisingly, the growth of replica furniture industry has grown over the years. An example of this is the replicas of the Tolix chair, which was designed by Xavier Pauchard, in 1934 in France. In light of this clients often ask us: is it legal to copy a furniture design? We have covered the issue of copycat products here. […]

Furniture Suppliers Beware! Protecting your designs in Contracts
Sharon Givoni Consulting Arts and design, Copyright, Intellectual Property, Protecting ideas
Beware of hidden traps in trading terms and conditions There is a major industry issue faced by many furniture suppliers. Some larger furniture retailers have snuck some clauses into their trading terms which are disadvantageous to suppliers, particularly when it comes to protecting your designs from being copied. One of these clauses purports to give […]
Register or lose it! Protecting your furniture designs in Australia
Sharon Givoni Consulting Arts and design, Copyright, Intellectual Property
Have you ever wondered how some retailers can sell replica furniture and not get into trouble? Have you ever wondered if there is anything you can do in Australia to prevent your designs from being copied? Fear not, if you are a furniture maker in Australia then rest assured there are things that you can (and should!) […]

Stranger things have happened – Netflix writes funny cease and desist letter
Sharon Givoni Consulting Consumer Law, Copyright, Entertainment Law, Film, Intellectual Property
When Sheriff Hopper knocks – Netflix cease and desist letter gets media attention The words “cease and desist” letters often get used in intellectual property matters. We think of bigwigs in Hollywood going after fans and creators of fan fiction, sending cease and desist letters threatening legal action if people are using content without appropriate […]

Interview on Intellectual Property Law and Fashion Design for the ABC
Sharon Givoni Consulting Intellectual Property
Sharon Givoni was recently interviewed for the ABC in relation to how IP laws in Australia protect fashion designers. Sharon takes some time to answer some burning questions on copyright, designs and fashion, looking at the adequacy of protection in Australia and overseas. How big an issue is copyright infringement in Australia? I think […]

Trade Mark Registration – What’s in a Name?
Sharon Givoni Consulting Intellectual Property, Trade marks
When we brand things, our brains perceive them as more special and valuable than they actually are. -MARTIN LINDSTROM The word ‘Nike’ with its ‘swoosh’ logo and the word ‘McDonalds’ with its ‘golden arches’ logo are examples of world-famous trade marks. So long as your business’ sign serves to indicate to consumers where the goods […]

A Short Guide to Copyright Law in Australia
Sharon Givoni Consulting Arts and design, Copyright, Intellectual Property, Protecting ideas, Street art
Only one thing is impossible for God: to find any sense in any copyright law on the planet.[1] – MARK TWAIN As the famous quote by nineteenth-century author Mark Twain suggests, and this guide will demonstrate, copyright may be a complex area of the law, but the underlying message is quite simple: don’t copy! The […]

Photography without Permission: Is it Always Legal to Snap?
Sharon Givoni Consulting Copyright, Intellectual Property, Photography
Many people believe that photographing people without their knowledge or consent is an invasion of privacy and therefore against the law. However, you might be surprised to learn that leaving aside the moral issues that this might raise, in Australia photography without permission it is (on the face of it) perfectly legal. This issue has […]
BRANDING LAWS PACKAGED AND GIFT-WRAPPED
Sharon Givoni Consulting Intellectual Property, Packaging, Protecting ideas, Trade marks
Only a century ago, the attraction of consumer products was in their practical application. Soap, for example, was originally packaged in anonymous greyish bars and purchased by consumers purely for its cleaning attributes. Now, soap promises so much more – it exfoliates and softens, refreshes and revitalises (Norsca), doubles up as a “beauty aid” (Dove) […]