"If we don't protect our IP and demand others respect it, we don't have a business anymore." "For us, this is a fight for our business," Ms Forsyth said. "And if the parties don't even get to have their fight in court because it's all too expensive, that tells me we have a problem with our court system." "If KeepCup loses, it's saying Australian registered design law doesn't give enough rights. "If KeepCup succeeds, that's sending a strong message saying that registered design law matters," he said. Meanwhile, Professor Christie believes this is a good test case. The Federal Government is expected to respond soon. The commission recommended a new IP framework, changes to the act, and charging companies for delaying court cases. Last year, the Productivity Commission released a damning report into the state of Australia's intellectual property (IP) laws, saying the current protections in safeguarding rights fell short. "The fact you can't be sure you'll get the chance to have your concerns properly considered by virtue of cost is constraining people from even taking out rights in the first place, or possibly even engage in the innovation," Professor Christie said. If another business copies the design, the only alternative is an expensive court battle. While firms can register their designs with the Australian Patent Office, it does not guarantee protection.
"Gloria Jean's can afford to drag this out where KeepCup probably can't." A 'fight for survival' "I imagine Gloria Jean's pockets are a lot deeper than KeepCups'," he said. He also said it was unusual for a small company to take on a multinational. Gloria Jean's has 400 stores in Australia and is owned by the ASX-listed Retail Food Group, which also owns Donut King, Brumby's and Michel's Patisserie.Īlthough both companies' cups look similar, Melbourne-based KeepCup will have difficulty proving that its design was copied, Professor Andrew Christie from Melbourne University's law school said. "It's got fully tempered soda lime glass and this is the really critical part for engineering - the fit of lid on the glass cup," KeepCup managing director Abigail Forsyth said.īut last November, Gloria Jean's started selling a similar reusable cup for $22.
The KeepCup Brew was introduced in 2014 and sells for about $30. Australia's largest coffee chain Gloria Jean's is being sued by reusable coffee cup company KeepCup for allegedly copying one of its designs.
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