Federal Court of Australia
Federal Court of Australia
State of Escape Accessories Pty Limited v Schwartz [2022] FCAFC 63 Appeal from: State of Escape Accessories Pty Limited v Schwartz [2020] FCA 1606
File number: VID 37 of 2021
Judgment of: GREENWOOD, NICHOLAS AND ANDERSON JJ
Date of judgment: 20 April 2022
Catchwords: COPYRIGHT – carry-all bag designed by director of appellant – whether copyright subsists in carry-all bag as a work of artistic craftsmanship – meaning of "work of artistic craftsmanship" – relevance of functionality and aesthetics – consideration of the extent to which any artistic expression in the form of the carry-all bag is constrained by functional considerations – whether primary judge's assessment of evidence was affected by error – whether primary judge gave excessive weight to evidence given by respondents' expert witness – whether primary judge failed to consider carry-all bag as a whole – no error disclosed – appeal dismissed
Legislation: Copyright Act 1968 (Cth) ss 10(1), 33, 75, 77 Designs Act 2003 (Cth) ss 5, 7, 46 Designs (Consequential Amendments) Act 2003 (Cth) Copyright Regulations 2017 (Cth) reg 12 Explanatory Memorandum to the Copyright Amendment Bill 1988 (Cth) Revised Explanatory Memorandum to the Designs (Consequential Amendments) Bill 2003 (Cth)
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd (2018) 261 FCR 301 Burge v Swarbrick (2007) 232 CLR 336 Coogi Australia Pty Ltd v Hysport International Pty Ltd (1998) 86 FCR 154 Cuisenaire v Reed [1963] VR 719 George Hensher Ltd v Restawhile Upholstery (Lancs) Ltd [1976] AC 64
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