IPC Global Pty Ltd v Pavetest Pty Ltd (No 3) [2017] FCA 82

IPC Global Pty Ltd v Pavetest Pty Ltd (No 3) [2017] FCA 82

Pavetest infringed IPC Global's copyright when Mr Feeley copied the UTS system library and several UTS test modules onto the computer provided to Mr Li, and version 1 of TestLab reproduced a substantial part of the UTS software because the copied source code sequences had originality of expression, performed functionally significant roles in the UTS software, and were quantitatively sufficient when assessed qualitatively and in light of duplication across UTS modules. The breach of confidence claim was established because the UTS source code and communications protocol documents were specifically identified, confidential, received by Mr Feeley in circumstances importing an obligation of...

Jurisdiction
Australia
Judgment Date
10 February 2017
Procedural Posture
Intellectual Property Proceeding Alleging Copyright Infringement, Breach of Confidence and Breach of Contract / Trial on Issues of Liability Only, With Pecuniary Relief and Form of Final Relief Deferred
Outcome
Copyright infringement and breach of confidence established in relation to the UTS software; contract claims not established; pecuniary relief and final form of relief deferred.
Legal Topics
['computer Programs' 'software Source Code' 'substantial Part Reproduction' 'authorisation of Copyright Infringement' 'misuse of Confidential Information' 'springboard Benefit' 'implied Contractual Duties of Good Faith and Fidelity']
['copyright' 'intellectual Property' 'confidential Information' 'contract'] ['computer Programs' 'software Source Code' 'substantial Part Reproduction' 'authorisation of Copyright Infringement' 'misuse of Confidential Information' 'springboard Benefit' 'implied Contractual Duties of Good Faith and Fidelity']

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Procedural Posture

Intellectual Property Proceeding Alleging Copyright Infringement, Breach of Confidence and Breach of Contract / Trial on Issues of Liability Only, With Pecuniary Relief and Form of Final Relief Deferred

Legal Issues

  1. 1 ['Whether Pavetest infringed copyright in the UTS software by creating version 1 of the TestLab software, including whether version 1 reproduced a substantial part of the UTS software.' 'Whether IPC Global established the elements of breach of confidence in relation to the UTS source code and UTS communications protocol documents.' 'Whether Pavetest gained a springboard benefit by misuse of confidential information.' "Whether Mr Feeley's employment contract or the Aleuta Consultancy Agreement contained implied duties of good faith and fidelity or restrictions on use of IPC Global's property and confidential information, and whether those terms were breached."]

Ratio Decidendi

Pavetest infringed IPC Global's copyright when Mr Feeley copied the UTS system library and several UTS test modules onto the computer provided to Mr Li, and version 1 of TestLab reproduced a substantial part of the UTS software because the copied source code sequences had originality of expression, performed functionally significant roles in the UTS software, and were quantitatively sufficient when assessed qualitatively and in light of duplication across UTS modules. The breach of confidence claim was established because the UTS source code and communications protocol documents were specifically identified, confidential, received by Mr Feeley in circumstances importing an obligation of...

Court Disposition

Copyright infringement and breach of confidence established in relation to the UTS software; contract claims not established; pecuniary relief and final form of relief deferred.

Orders

  • ['By 4.00 pm on 24 February 2017, each party file and serve proposed minutes of orders to give effect to these reasons and a short outline of submissions in support of those orders.' 'By 4.00 pm on 3 March 2017, each party file and serve any short outline of submissions in response.' 'Liberty to apply.']