Escaping the provisions of artistic craftsmanship

The Full Court has unanimously dismissed the appeal in State of Escape Accessories v Schwartz, rejecting the claims against Stefanie Schwartz and Chuchka Pty Ltd for copyright infringement in respect of State of Escape’s well-known perforated neoprene tote bag (the Escape Bag) on the basis that it was not a “work of artistic craftsmanship” under the Copyright Act.

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David is an experienced IP litigator and registered patent and trade marks attorney who brings a technological understanding together with legal expertise to resolve IP disputes for Australian and international businesses.