Australian Fashion Designers Battle Fast-Fashion Copycats

Australian fashion designers are increasingly reporting that ultra-fast fashion retailers like Shein are cloning their original designs and using their proprietary imagery to sell low-quality duplicates. While designers struggle to secure government intervention, international precedents, such as France’s advertising bans and New Zealand’s low-value import levies, suggest a shifting global approach to regulating the ultra-fast fashion business model.

Why are small designers struggling to protect their work?

Small-scale Australian designers report a “pass the parcel” experience when seeking government support for intellectual property (IP) theft. Jo Smith, founder of the Central Coast label Y Not Sissy, stated she contacted seven government bodies—including the ACCC and the small business minister—only to be referred elsewhere without finding a resolution. According to Ms. Smith, the time-consuming nature of reporting these incidents forces many independent creators to simply accept the loss of sales rather than pursue legal action against global giants.

How do retailers respond to design theft allegations?

Shein maintains that it removes items upon receiving “legitimate complaints” from intellectual property holders. When the ABC provided the retailer with links to specific items identified as copies by designers Jo Smith and Kristian Williams, the company removed the products from its website. A spokesperson for Shein stated that the company investigates these claims as a “matter of caution” and takes action if a violation is confirmed. However, designers like Mr. Williams argue that the process remains a “roadblock after roadblock,” as many “ghost stores” continue to operate under different names while using stolen imagery.

What are the international trends in fashion regulation?

Global regulators are moving toward stricter oversight to level the playing field between local manufacturers and ultra-fast fashion retailers. Data from Euromonitor shows that Shein’s sales value in the US dropped by 4.5% following the introduction of reciprocal tariffs. Other notable regulatory shifts include:

• France: Has implemented a ban on advertising by ultra-fast fashion firms and introduced a fee that scales to 10 euros ($16 AUD) per item by 2030.
• New Zealand: Recently introduced a “Temu tax,” a levy of NZ$2.21 ($1.80 AUD) per package on imported low-value items.
• Australia: Launched the voluntary “Seamless” scheme in 2024, which applies a 4% levy on participating brands to fund clothing circularity, though it does not currently capture overseas-based ultra-fast fashion retailers.

Frequently Asked Questions

Can I sue a fast-fashion retailer for copying my design?

While intellectual property laws exist, designers often find litigation prohibitively expensive and time-consuming. According to the Australian Fashion Council (AFC), the current environment is “uneven,” and designers frequently rely on reporting mechanisms provided by platforms like Meta or direct complaints to retailers.

What should I do if I see my design being sold as a fake?

Designers like Kristian Williams suggest making a public record of the theft on social media to alert customers. Additionally, reporting the imagery to the host platform (such as Instagram or Facebook) is a standard first step, though designers report varying levels of success with these automated systems.

Does Australian Consumer Law cover these duplicates?

The ACCC states that businesses must provide accurate product descriptions. If a consumer receives an item that differs from the advertised description, they may be entitled to a remedy, though this primarily addresses consumer rights rather than the designer’s original copyright.

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