Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Polwood Pty Ltd v Foxworth Pty Ltd (No 3) [2008] FCAFC 198
INTELLECTUAL PROPERTY consideration of evidentiary bases justifying a declaration of right in favour of eligible persons who are co-owners in equal shares of a patent Patents Act (199) (Cth), s 15 Patchett v Stirling Engineering Co Ltd (1955) AC 534 POLWOOD PTY LTD (ACN 010 708 146), LEA CHARLES RAMPTON, MARGUERITE FRANCOISE RAMPTON and POLWOOD AUSSIE BARK PTY LTD (ACN 068 346 529) v FOXWORTH PTY LTD (ACN 010 516 855), AUSSIE PEAT PTY LTD (ACN 085 498 933), PAUL DAVID POWER and PEACHESTER THOROUGHBREDS PTY LTD (ACN 069 059 294)
QUD 321 of 2006
FINN, BENNETT AND GREENWOOD JJ
24 DECEMBER 2008
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 321 of 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: POLWOOD PTY LTD (ACN 010 708 146)
First Appellant/First Defendant
LEA CHARLES RAMPTON
Second Appellant/Second Defendant
MARGUERITE FRANCOISE RAMPTON
Third Appellant/Third Defendant
POLWOOD AUSSIE BARK PTY LTD (ACN 068 346 529)
Fourth Appellant/Fourth Defendant
AND: FOXWORTH PTY LTD (ACN 010 516 855)
First Respondent/First Plaintiff
AUSSIE PEAT PTY LTD (ACN 085 498 933)
Second Respondent/Second Plaintiff
PAUL DAVID POWER
Third Respondent/Third Plaintiff/First Cross-Appellant
PEACHESTER THOROUGHBREDS PTY LTD (ACN 069 059 294)
Fourth Respondent/Fourth Plaintiff/Second Cross-Appellant
JUDGES: FINN, BENNETT AND GREENWOOD JJ
DATE OF ORDER: 24 DECEMBER 2008
WHERE MADE: BRISBANE
THE COURT DECLARES THAT:
1. Polwood Aussie Bark Pty Ltd on the one hand, and Peachester Thoroughbreds Pty Ltd and Paul David Power on the other, are the sole eligible persons within the meaning of the Patents Act 1990 (Cth) and are entitled to registration as co-owners in equal shares of Patent Application No 2002950316 dated 22 July 2002 (and any Complete Application lodged in reliance on that provisional application) and International Patent Application No PCT/AU03/00930 dated 22 July 2003 (and any national phase application which may proceed from that International Patent Application).
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate