Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Industrial Galvanizers Corporation Pty Ltd v Safe Direction Pty Ltd [2018] FCA 1192 File number: NSD 600 of 2016
Judge: BURLEY J
Date of judgment: 10 August 2018
Catchwords: PATENTS – priority date – external fair basis – whether patent date deferred by subsequent amendment – held no real and reasonably clear disclosure in unamended specification of what was claimed as a result of the amendment PATENTS – internal fair basis – whether claimed invention is fairly based on disclosure in the specification – held claims of Final patent fairly based on the specification PATENTS – personal liability of director for infringement by company – joint tortfeasor – meaning of "authorise" under s 13 of the Patents Act – held no joint tortfeasorship or authorisation CONSUMER LAW – misleading or deceptive conduct in contravention of the Australian Consumer Law – whether offer for sale, sale, distribution, advertisement, supply, exhibition and promotion of product constitutes a representation in trade or commerce that the purchaser will have a right to use the product – held no contravention of the Australian Consumer Law
Legislation: Competition and Consumer Act 2010 (Cth), Schedule 2, s 18 Copyright Act 1958 (Cth) Intellectual Property laws Amendment (Raising the Bar) Act 2012 (Cth), Schedule 1, part 3, cl 55 Patents Act 1990 (Cth), ss 13, 40, 43, 114, 122 Patents Regulations 1991 (Cth), reg 3.14
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