Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Courier Pete Pty Ltd v Metroll Queensland Pty Ltd [2010] FCA 735 Citation: Courier Pete Pty Ltd v Metroll Queensland Pty Ltd [2010] FCA 735
Parties: COURIER PETE PTY LTD ACN 105 219 323 v METROLL QUEENSLAND PTY LTD ACN 010 035 266 and METROLL QUEENSLAND PTY LTD ACN 010 035 266 v MARK NICHOLAS COLLYMORE
File number: QUD 425 of 2008
Judge: SPENDER J
Date of judgment: 15 July 2010
Catchwords: INTELLECTUAL PROPERTY – registered designs revoked by Deputy Registrar of Designs under s 52 of the Designs Act 2003 (Cth) – cross appeal – whether designs created in the course of employment or under a contract with the respondent – who is the entitled person under s 13(1) of the Act.
Legislation: Designs Act 2003 (Cth) ss 13(1), 52, 88
Cases cited: Spencer Industries Pty Ltd v Collins (2003) 58 IPR 425 referred to. Patchett v Sterling Engineering Co Ltd (1955) 72 RPC 50 (HC) referred to.
Date of hearing: 2, 3 & 4 March 2010
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 59
Counsel for the Applicant and Cross-Respondent: Mr S Cooper
Solicitor for the Applicant and Cross-Respondent: Holding Redlich
Counsel for the Respondent and Cross-Appellant: Dr D Eliades
Solicitor for the Respondent Griffith Hack and Cross-Appellant:
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