Federal Court of Australia
FEDERAL COURT OF AUSTRALIA COPYRIGHT - subject matter of an exclusive licence - divisibility of a right of copyright - effect of a reservation to the owner of a part of the rights dealt with in an exclusive licence -assignment - licensee as party to action for infringement. PRACTICE AND PROCEDURE - application to strike out claim of licensee on ground that licence was not exclusive - principles.
Copyright Act 1968, ss 10, 30, 31, 36, 37, 86, 101, 117, 119, 196 General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125, applied Dey v Victorian Railways Commissioners (1949) 78 CLR 62, applied Lonrho plc v Fayed [1992] 1 AC 448, applied Australian Building Industries Pty Limited v Stramit Corporation Limited (Northrop, Lindgren and Lehane JJ, unreported, 1 December 1997), applied Avel Proprietary Limited v Multicoin Amusements Proprietary Limited (1990) 171 CLR 88, referred to P.M. Sulcs & Associates Pty Ltd v Detroit Diesel-Allison Australia Pty Ltd (Lehane J, unreported, 31 October 1997), followed Young v Odeon Music House Pty Ltd (1976) 10 ALR 153, followed
SEGA ENTERPRISES LIMITED v GALAXY ELECTRONICS PTY LIMITED & ANOR NG 902 of 1994 NG 001 of 1995 Burchett J Sydney 6 February 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 902 of 1994
BETWEEN: SEGA ENTERPRISES LIMITED
First Applicant
AVEL PTY LIMITED
Second Applicant
AND: GALAXY ELECTRONICS PTY LIMITED
Respondent
JUDGE: BURCHETT J
DATE: 6 february 1998
PLACE: SYDNEY
THE COURT ORDERS THAT: The motion be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 001 of 1995
BETWEEN: SEGA ENTERPRISES PTY LIMITED
First Applicant
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