THE 10% DIFFERENT MYTH.

I remember being told in great detail (on a plane trip back from Hong Kong – so I couldn't escape) how it was easy to copy products- all you need to do, according to the guy sitting next to me, was “change 10% from the product you are copying”.

I, and, I suspect, a lot of colleagues reading this may have heard the same story. This chap spoke with amazing confidence and apparent knowledge on the matter. To some extent, and especially under the Designs Act 1905, some of what he said was “almost” true. Before Australia changed to the Designs Act 2005 the practice was – if accused of copying – to list a number of differences in your defence.

The “new” Designs Act has changed things around and more emphasis is given to the overall appearance of a product and the similarities – rather than the differences.In the background are the Consumer Protection provisions of the Trade Practices Act -which catch misleading and deceptive conduct – another handy weapon against copiers.

If there are lessons to be learnt from this – they are, in order of importance-

1. Avoid Business class – there seems to be a disproportionate number of lunatics in there.

2. Don’t copy.

3. If tempted to take “inspiration” from someone else’s packaging or, if you think someone else has been “inspired” by your product, get some I.P.advice.