Federal Court of Australia
CATCHWORDS Copyright - Artistic work - Whether copyright in technical drawings infringed by three dimensional article > Whether
article 'would appear to be a reproduction to a non-expert - Whether design registrable - Industrial application or design - Dual protection under Copyright and Design Law. Copyright Act 1968, ss.14(1)(b), 21(3), 71, 74, 77. Desians Act 1906, ss.4, 17, 18.
EDWARDS HOT WATER SYSTEMS (a firm) v. 5S.W. HART & CO. PTY. LTD.
Appeal No. 43 of 1982
Fox, Woodward and Franki JJ.
12 October 1983
Sydnev
pene TO a le me ee ee ee wee wee et ee +
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY Appeal No. 43 of 1982
GENERAL DIVISION
ON APPEAL FROM THE SUPREME: COURT _OF WESTERN AUSTRALIA
BETWEEN : EDWARDS HOT WATER SYSTEMS (a firm) ' Appellant ' AND:
S.W. HART & CO. PTY. LTD.
- Respondent ORDER i JUDGES : Fox, Woodward and Franki JJ. : DATE OF ORDER: 12 October 1983
WHERE MADE: Sydney.
THE COURT ORDERS THAT:
1. The respondent have leave to apply within fourteen days to speak to the form the orders are to take consequent upon the reasons for judgment just delivered.
2. If no application for that purpose is made within fourteen days, the matter will be re-listed for the delivery of the orders intimated in the reasons for judgment.
~
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY Appeal No. 43 of 1982
GENERAL DIVISION
ON APPEAL FROM THE SUPREME: COURT _OF WESTERN AUSTRALIA
BETWEEN .
EDWARDS HOT WATER SYSTEMS (a firm) Appellant
AND:
S.W. HART & CO. PTY. LTD.
Respondent
CORAM: Fox, Woodward and Franki JJ. I
REASONS FOR JUDGMENT
This is an appeal from the Supreme Court of Western Australia (Brinsden J.) in which he found in favour of the present respondent in proceedings for infringement of copyright. The respondent, the plaintiff in those proceedings, has for some years carried on a successful business in the manufacture and Sale of solar heating appliances in respect of which it uses the
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