Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACP Machinery Australia Pty Ltd v Aerospace Technologies of Australia Ltd (No 3) [2013] FCA 718 Citation: ACP Machinery Australia Pty Ltd v Aerospace Technologies of Australia Ltd (No 3) [2013] FCA 718
Parties: ACP MACHINERY AUSTRALIA PTY LTD (ACN 066 485 925) v AEROSPACE TECHNOLOGIES OF AUSTRALIA LTD (ACN 008 622 008) and BOEING AEROSTRUCTURES AUSTRALIA PTY LTD (ACN 103 165 466)
File number: VID 765 of 2010
Judge: JESSUP J
Date of judgment: 26 July 2013
Catchwords: CONTRACTS – Construction – Where contract resulted from laymen's amendments to standard form – Whether appropriate to commence with meaning of standard form – Purpose of amendments – Whether provision void for uncertainty – Whether term as to buyer's use of data provided by seller in conjunction with supply of goods amounted to qualification of copyright or free-standing prohibition. INTELLECTUAL PROPERTY – Copyright – Whether annexure to contract containing technical specifications an original literary work – Whether reproduced – Indirect reproduction – Need for unbroken chain of copying. INTELLECTUAL PROPERTY – Copyright – Presumption that work bearing mark that a person was the owner of copyright at a particular time is owner at that time – Drawing produced by "design team" of a company – Whether established on evidence that members of the team were employees – Statement that copyright would be assigned – Whether gave rise to equitable assignment – Whether later written instrument sufficient to constitute assignment at law.
Legislation: Copyright Act 1968 (Cth) ss 35, 126B, 196
Cases cited: Acorn Computers Ltd v MCS Microcomputer Systems Pty Ltd (1984) 6 FCR 277 Gold Peg International Pty Ltd v Kovan Engineering (Aust) Pty Ltd (2005) 225 ALR 57 Insight SRC IP Holdings Pty Ltd v The Australian Council for Educational Research Limited (2012) 292 ALR 741 Roban Jig & Tool Co Ltd v Taylor [1979] FSR 130
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