Sheldon v Metrokane [2004] FCA 19

FEDERAL COURT OF AUSTRALIA

Sheldon v Metrokane [2004] FCA 19 COPYRIGHT – work of artistic craftsmanship copyright – claimed by United States company (respondent/cross-claimant) – work related to handle enclosing mechanism of corkscrew – mechanism subject of recently expired international patent – United States company exports corkscrew product to Australia – Australian company (applicant) imports corkscrew made by another overseas manufacturer having similar handle enclosing same mechanism – whether Australian importer committed secondary infringement of copyright claimed by United States company for work of artistic craftsmanship relating to handle enclosing the mechanism of corkscrew imported by Australian company from the other manufacturer – authorship of copyright claimed by United States company and its designer not established – artistic craftsmanship not demonstrated in respect of United States company's corkscrew for qualification as artistic work copyright – if affirmative finding of joint authorship and of copyright had been established then finding of infringement of copyright would have been established – finding of no secondary infringement by Australian company as importer in any event – meaning and implications of work of artistic craftsmanship PASSING OFF – DECEPTIVE CONDUCT – not established by United States company against Australian company DECEPTIVE CONDUCT – not established by Australian company against United States company Copyright Act 1968 (Cth) ss 10(1) (various definitions), 14(1), 22(1), 31(1), 32(4), 33(2), 35(2), 36(1), 37(1), 38(1), 74, 75, 76, 77(1), 77(2), 115(1), 115(3), 115(4), 184, 202(1), 218(2) and 249 Copyright (International Protection) Regulations 1969 (Cth) Trade Practices Act 1974 Cth ss 52, 53(a), 53(c) 53(d) and 53(g) Designs Act 1906 (Cth) Patents Act 1990 (Cth) s 67