Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Swarbrick v Burge [2003] FCA 1176
INTELLECTUAL PROPERTY – COPYRIGHT – DESIGNS – interlocutory injunction – applicant prepared drawings of a yacht – applicant then made a "Plug" in the shape of a yacht – purpose of Plug was to make mould for manufacture of fibreglass yacht by vacuum infusion – applicant's licensee manufactured and sold 32 such yachts in Australia and overseas – respondents obtained an identical yacht from former employee of applicant's licensee and, by reverse engineering, were in process of preparing a mould for purpose of manufacturing yachts – whether applicant lost copyright protection through industrial application of an unregistered corresponding design – whether the applicant's Plug, mould or yacht were "sculptures" and also works of artistic craftsmanship – whether a sculpture can be a work of artistic craftsmanship for copyright purposes. Copyright Act 1968 (Cth), ss 10(1)(c), 77
Coogi Australia Pty Ltd v Hysport International Pty Ltd (1998) 86 FCR 154 applied
Wham-O Manufacturing Co v Lincoln Industries Ltd [1982] RPC 281 applied
Kambrook Distributing Pty Ltd v Delaney [1984] 4 IPR 79 applied
United Pacific Industries Pty Ltd v Madison Sports Pty Ltd [1998] FCA 614 applied
Kevlacat Pty Ltd v Trailcraft Marine Pty Ltd (1988) 79 ALR 534 distinguished
Shacklady v Atkins (1994) 126 ALR 707 distinguished
Cuisenaire v Reed [1963] VR 719 referred to
The Commonwealth of Australia v John Fairfax & Sons Ltd (1980) 147 CLR 39
JOHN HARLEY SWARBRICK v BRENT BURGE, TREVOR ROGERS
BENJAMIN WARREN and BOLDGOLD INVESTMENTS PTY LTD
W195 of 2003
CARR J
24 OCTOBER 2003
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W195 OF 2003
BETWEEN: JOHN HARLEY SWARBRICK
APPLICANT
AND: BRENT BURGE
FIRST RESPONDENT
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