designs Archives - Mallesons Pulse Blog

Bad intentions: Can you copy elements of a competitor’s design?

27 April 2026

By Kate Hay, Cate Nagy, Jacob Flynn, Bianca Terlato

The recent decision of the Federal Court of Australia in Bodum AG v H.A.G Import Corpn (Australia) Pty Ltd [2026] FCA 238 illustrates that even deliberate copying of a competitor’s design elements does not necessarily breach the Australian Consumer Law or amount to passing off.

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Stop! In the name of interlocutory injunctions: lessons from 2024

17 March 2025

By Kate Hay, Jacob Flynn, Yui Fu

Interlocutory injunctions can be a critical tool to help protect intellectual property rights by restraining alleged infringement while a substantive infringement proceeding is run.

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Any comments sofa-r? Government response on Designs consultation

21 November 2019

By Simon Webster

When, in May of 2012, the Advisory Council on Intellectual Property (ACIP) was set the mammoth task, the Australian designs system had been operating without review since its inception, some 8 years prior.

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Productivity Commission releases roadmap for IP review and calls for submissions

15 October 2015

By Bridie Egan

Last week, the Productivity Commission released the Issues Paper in accordance with its comprehensive review of Australia’s IP regime (Inquiry).

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ACIP’s Review of the Designs Systems proposes three approaches to reform

22 January 2015

By Josh Gottlieb

In 2012, the Advisory Council on Intellectual Property (ACIP) was tasked by the Government with conducting a review of the operation and effectiveness of the Designs Act 2003 (Cth) in supporting innovation. Late last year, ACIP released its Options Paper on the Designs Act (available online here). The Options Paper proposed three approaches to reform.

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