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From the chairs that we sit on, to the pens that we write with and the clothes that we wear, design plays an important role in many aspects of our lives. Design impacts on objects in a range of ways, from the way that objects look through to the way that they function. Given this, it is not surprising that design is pivotal to the commercialisation and marketing of many different products. In this chapter, we look at the law that encourages and protects the skill, labour and effort that goes into the creation of new designs. Intellectual property protection for designs focuses on the visual appearance of commercial or industrial articles, rather than their function or the means of producing them. In Australia, the law in this area is set out in the Designs Act 2003(Cth). This Act repealed the Designs Act 1906 (Cth), which had governed Australian designs law for most of the twentieth century.
The creation and open transmission of ideas and information are important features of a democratic society. However, many occasions arise when a person wants to communicate information to another in confidence on the understanding that there will be no further dissemination or use of the information without consent. This may arise in the context of business, government, personal and other kinds of relationships. The value of information in each type of context will differ. Businesses and corporations are usually concerned to protect information that has commercial value. Governments need to protect their ability to make decisions on sensitive issues. Individuals are concerned about protection of reputation and privacy. In the case of Indigenous groups, their concern may be to protect the secrets of their tribal group. Secrets in business are especially vulnerable to indirect acquisition and industrial espionage using improper and surreptitious means.
This chapter looks at one of the key notions within copyright law – namely, the idea of the ‘author’. As we will see, while authorship carries with it certain consequences, including the right to first ownership of copyright, there are a number of exceptions to this general rule. This chapter also looks at the nature and duration of the rights that are given to the copyright owner.