Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Quanta Software International Pty Ltd v Computer Management Services Pty Ltd [2001] FCA 1459
COPYRIGHT – Action for infringement of copyright – Computer software program – Ownership of copyright – Noevidence as to creation of copyright – Whether ownership was admitted by respondent in dealership agreement – Whether respondent estopped from denying applicant's ownership – Whether acts done by respondent were done with the leave and licence of the applicant – Nature of appropriate relief – Whether Court should order an inquiry to take an account of profits earned by respondent in exploiting the program. Copyright Act 1968: ss 31, 35, 115 Copyright (International Protection) Regulations: reg 4, Schedule 1 QUANTA SOFTWARE INTERNATIONAL PTY LIMITED v COMPUTER MANAGEMENT SERVICES PTY LIMITED N 1093 of 2000 WILCOX J 19 OCTOBER 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1093 of 2000
BETWEEN: QUANTA SOFTWARE INTERNATIONAL PTY LIMITED
APPLICANT
AND: COMPUTER MANAGEMENT SERVICES PTY LIMITED
RESPONDENT
JUDGE: WILCOX J
DATE OF ORDER: 19 OCTOBER 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The respondent, Computer Management Services Pty Limited, be restrained from infringing, whether by itself its servants or agents, the copyright of the applicant, Quanta Software International Pty Limited, in the EUNICE computer software system by reproducing or adapting, or authorising the reproduction or adaption of, the said software system or a substantial part thereof except: (a) with the licence of the applicant; or (b) pursuant to the dealership agreement made between the applicant and the respondent on 12 November 1992. 2. The New South Wales District Registrar of the Court undertake an inquiry for the purpose of taking an account of the profits made by the respondent by its infringement of the applicant's copyright in the said software system. 3. There be liberty to apply in respect of such inquiry and for orders consequential upon completion of the inquiry. 4. The respondent pay to the applicant the amount of its costs incurred to date in connection with this proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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