Federal Court of Australia
FEDERAL COURT OF AUSTRALIA INTELLECTUAL PROPERTY - copyright - infringement - parallel importation - knowingly concerned in possession of copyright material - subsistence of copyright - ownership of copyright - relevance of Universal Copyright Convention symbol and claim to copyright on packaging in establishing ownership of copyright - whether ownership by legal entity - whether limited partnership constitutes legal entity - assignment of ownership of copyright - exclusive licence for distribution of copyright material - whether possession of copyright material by company or by directors of company personally - where copyright material cinematograph films stored in laser video disc format - where copyright owner resident of United States of America and Canada
Copyright Act 1968 (Cth) ss 132(1)(b), 132(1)(d)(i), 132(2A)(a) and 133. Crimes Act 1914 (Cth) s 5 Evidence Act 1995 (Cth) ss 70 and 171 Copyright (International Protection) Regulations reg 4
RAYMOND HOLDER v BRADLEY WILLIAM SEARLE QG 187 OF 1996
RAYMOND HOLDER v BRADLEY WILLIAM SEARLE QG 188 OF 1996 RAYMOND HOLDER v BRADLEY WILLIAM SEARLE QG 189 OF 1996 SPENDER J 23 OCTOBER 1998 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 187 of 1996
BETWEEN: RAYMOND HOLDER
prosecutor
AND: BRADLEY WILLIAM SEARLE
Defendant
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 188 of 1996
BETWEEN: RAYMOND HOLDER
prosecutor
AND: BRADLEY WILLIAM SEARLE
defendant
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 189 of 1996
BETWEEN: RAYMOND HOLDER
prosecutor
AND: BRADLEY WILLIAM SEARLE
defendant
JUDGE: SPENDER J
DATE: 23 OCTOBER 1998
PLACE: BRISBANE
THE COURT ORDERS THAT: 1. The Information in QG 187 of 1996 is dismissed. 2. The Information in QG 188 of 1996 is dismissed. 3. The Information in QG 189 of 1996 be adjourned to 15 December 1998 for submissions in relation to what orders should be made, penalty, costs, and any outstanding matters arising from the three proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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