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Protecting Your Jewellery Designs: What Every Designer Needs to Know
Imagine you’ve spent months designing a stunning jewellery piece, pouring your creativity into every fine detail. It becomes a bestseller, loved by your customers. Then one day, you walk into a store or browse online and find a near-identical copy being sold at half the price.
Frustrating? Absolutely. Illegal? Well, that depends.
At DesignWise, we understand that jewellery designers need strong legal protection to stop copycats from taking advantage of their work. That’s why we’re backed by Sharon Givoni Consulting, a specialist intellectual property law firm with years of experience helping designers navigate copyright, trade marks, and design law.
If you want to protect your jewellery before someone copies it—or if you’ve already found a knockoff of your design—we can help.
Does Copyright Automatically Protect Jewellery Designs?
One of the most common misconceptions in the jewellery industry is that copyright automatically applies to all jewellery designs. This isn’t always true.
Under the Copyright Act 1968 (Cth), copyright protection applies to artistic works like paintings and sculptures, but functional items—such as most jewellery—are not covered unless they meet the legal definition of a “work of artistic craftsmanship.”
A jewellery design might qualify for copyright protection if:
- It is handmade with high artistic skill, and
- It is not mass-produced or purely functional.
However, if your jewellery is manufactured at scale, copyright law won’t stop others from copying it. This is why many designers choose design registration instead.
How Design Registration Strengthens Protection
Unlike copyright, design registration is specifically intended to protect the appearance of products, including jewellery. Registering your design with IP Australia gives you exclusive rights to its shape, pattern, and ornamentation for up to 10 years.
This means that if someone copies your registered design, you can legally stop them from selling it. Without registration, you may struggle to prove your rights.
Case Study: The ‘Luna Earrings’ Copycat
Let’s take a case study.
Mia, a Melbourne-based jewellery designer, creates the Luna Earrings—a unique crescent-moon design with intricate metalwork. The piece is instantly recognisable and becomes her best-selling design.
Months later, Mia’s customers start messaging her, asking if she’s selling her earrings in a large department store. Confused, Mia checks their website and finds a near-identical pair listed under a different brand name for half the price.
Mia never registered her design, so her legal options are limited. She may be able to claim passing off if she can prove that customers associate the design exclusively with her brand, but without a registered design, her case would be much stronger.
If Mia had registered the Luna Earrings, she could have immediately taken legal action under design infringement laws, sending a cease and desist letter and stopping sales.
How Sharon Givoni Consulting Can Help Jewellery Designers
As the law firm behind DesignWise, Sharon Givoni Consulting has helped jewellery designers across Australia protect their designs and take action against copycats.
Our services include:
- Design Registration – Ensuring your jewellery is legally protected before it hits the market.
- Trade Marks – Protecting brand names, logos, and unique design elements that make your jewellery recognisable.
- Letter of demand – Stopping unauthorised sales of lookalike products.
- Legal Action – Pursuing litigation when necessary to enforce your rights.
- Passing Off & Misleading Conduct Claims – Helping designers take action when competitors unfairly copy their reputation.
What Can You Do Right Now to Protect Your Jewellery?
Here are a few ideas:
- Register Your Designs with IP Australia before selling them.
- Consider Trade Mark Protection if your designs include a signature style or branding.
- Keep Records of sketches, prototypes, and production details to prove originality.
- Monitor the Market for copies and act quickly if you find one.
Jewellery design is about artistry, craftsmanship, and innovation. Don’t let copycats dilute your creativity.
At Sharon Givoni Consulting, we help jewellery designers stay ahead of competitors and secure their rights.
Visit Sharon Givoni Consulting to learn more about legal protection for jewellery designers and how we can help you.
FAQs on Protecting Your Jewellery Designs
1. Does copyright automatically protect my jewellery designs?
Not always. Under the Copyright Act 1968 (Cth), copyright protects artistic works like paintings and sculptures, but jewellery is sometimes considered a functional item rather than an artistic work.
2. What is design registration, and how does it help protect my jewellery?
Design registration protects the appearance of your jewellery, including shape, pattern, and ornamentation. Once registered with IP Australia, you gain exclusive rights over your design for up to 10 years. This means no one else can copy, sell, or manufacture your design without your permission.
3. Can I trade mark my jewellery designs?
Trade marks protect logos, brand names, and distinctive design elements associated with your jewellery brand. If your designs incorporate a signature pattern, motif, or unique engraving, you may be able to register it as a trade mark.
4. What’s the difference between copyright, trade marks, and design registration?
Copyright protects artistic works but only applies to jewellery if it qualifies as a work of artistic craftsmanship. Trade marks protect brand names, logos, and distinctive design elements used in connection with your jewellery. Design registration protects the physical appearance of a jewellery piece for up to 10 years.
5. What should I do if I find if someone copies my jewellery?
If you have registered your design, you can take legal action for design infringement. If you have a trade mark, you may be able to stop the copy under trade mark law. If neither applies, you might still have legal options under passing off or misleading and deceptive conduct under the Australian Consumer Law. It is a nuanced area so get legal advice.
6. Does trade mark protection apply internationally?
No, Australian trade marks only provide protection within Australia. If you sell jewellery internationally, you may need to register trade marks in other countries through the Madrid Protocol or local trade mark offices.
7. How can Sharon Givoni Consulting help protect my jewellery designs?
As the law firm behind DesignWise, Sharon Givoni Consulting helps jewellery designers:
- Register designs with IP Australia
- Trade mark brand names, logos, and unique patterns
- Send strong legal letters to copycats
- Take legal action for design and trade mark infringement
- Advise on passing off and misleading conduct claims
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.