Northern Territory v Collins [2008] HCA 49

HIGH COURT OF AUSTRALIA

GUMMOW ACJ,

KIRBY, HAYNE, HEYDON AND CRENNAN JJ

NORTHERN TERRITORY OF AUSTRALIA APPELLANT

AND

VINCENT COLLINS & ANOR RESPONDENTS

Northern Territory v Collins [2008] HCA 49

16 October 2008

D2/2008

ORDER

1. Appeal allowed with costs.

2. Set aside the order of the Full Court of the Federal Court of Australia made on 20 September 2007 and in its place order that the appeal to that Court be dismissed with costs.

On appeal from the Federal Court of Australia

Representation

S J Gageler SC with G R Nicholson for the appellant (instructed by Clayton Utz Lawyers)

G O'L Reynolds SC with N R Murray and R C A Higgins for the respondents (instructed by De Silva Hebron)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Northern Territory v Collins

Intellectual property – Patents – Infringement – Contributory infringement – Respondents owned patent for methods of producing oils from species of a particular genus of tree – Appellant Territory licensed third party ("ACOC") to enter Crown land and remove timber from trees of this species – Patents Act 1990 (Cth), s 117(1) provided that, if "use of a product by a person" would infringe a patent, "supply" of that product by one person to another was an infringement by supplier – Respondents alleged Territory infringed patent by supply of timber to ACOC – Relationship between exclusive rights to exploit patent and s 117 – Meaning of "product" in s 117 where patent said to be infringed is for method or process – Whether "product" confined to product that itself results from use of a patented method or process.

Intellectual property – Patents – Infringement – Contributory infringement –Meaning of "supply" in s 117 – Whether grant of licences to sever and take timber from Crown land constituted "supply" of timber by Territory for purposes of s 117(1) – Relevance of classification of interest of ACOC as realty or personalty.