Intellectual Property Law in Australia
Although making copies of would infringe Mondo Designs exclusive rights, it is permissible under the fair dealing provisions of Australian legislation to allow a certain amount of copying, otherwise there would be anti-competition issues and monopolistic behaviour carried out by companies. Through the lack of registration by Mondo Designs against the rest of the world, there is a substantial decline in the amount of protection it may have against third parties. Unless Mondo Designs can establish that the copyright has been directly derived from their products, which in the disputes is easier to prove, it will be difficult to prove that there has been an infringement of their intellectual property rights. Mondo Designs must employ every avenue possible in order to protect themselves from other individuals, they also have a natural right to intellectual property rights because they have invested labour into producing the work and have applied their creative personality into the products. …
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