IPC Global Pty Ltd v Pavetest Pty Ltd (No 2) [2016] FCA 1332

IPC Global Pty Ltd v Pavetest Pty Ltd (No 2) [2016] FCA 1332

Because the respondents admitted that the Pavetest CDAS Firmware reproduced a substantial part of the pre-July 2003 IMACS Firmware modules and admitted liability for copyright infringement and authorisation, IPC Global was entitled to final declarations and permanent injunctions confined to version 1.1D (IO Module) and version 1.20 (CPU Module) of the IMACS Firmware. Since the CDAS Firmware files were conceded to infringe IPC Global's copyright, delivery up or destruction or erasing of copies naturally followed, subject to exceptions for one reference copy and copies installed or to be installed under supply contracts entered into before 8 November 2016.

Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Copyright Infringement Proceeding Concerning Computer Programs and Firmware for Materials Testing Equipment / Final Orders on Admitted Liability for the Copyright Aspect of the Firmware Part of the Case
Outcome
Declarations, permanent injunctions, and delivery up or destruction or erasing orders made in relation to the copyright aspect of the firmware part of the case; costs reserved.
Legal Topics
['copyright Infringement' 'computer Programs' 'firmware' 'authorisation of Infringement' 'declarations' 'permanent Injunctions' 'delivery Up or Destruction of Infringing Copies' 'admissions']
['intellectual Property' 'copyright'] ['copyright Infringement' 'computer Programs' 'firmware' 'authorisation of Infringement' 'declarations' 'permanent Injunctions' 'delivery Up or Destruction of Infringing Copies' 'admissions']

Case Brief

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Procedural Posture

Copyright Infringement Proceeding Concerning Computer Programs and Firmware for Materials Testing Equipment / Final Orders on Admitted Liability for the Copyright Aspect of the Firmware Part of the Case

Legal Issues

  1. 1 ["Whether final declarations and injunctive orders should be made on the respondents' admissions of liability for copyright infringement in relation to the CDAS Firmware." 'Whether the declarations and injunctions should refer to the IMACS Firmware generally or to version 1.1D (IO Module) and version 1.20 (CPU Module).' 'Whether the injunctions should include reproduction and communication of the CDAS Firmware.' 'Whether an order should be made for delivery up, destruction or erasing of copies of the CDAS Firmware, and what exceptions should apply.']

Ratio Decidendi

Because the respondents admitted that the Pavetest CDAS Firmware reproduced a substantial part of the pre-July 2003 IMACS Firmware modules and admitted liability for copyright infringement and authorisation, IPC Global was entitled to final declarations and permanent injunctions confined to version 1.1D (IO Module) and version 1.20 (CPU Module) of the IMACS Firmware. Since the CDAS Firmware files were conceded to infringe IPC Global's copyright, delivery up or destruction or erasing of copies naturally followed, subject to exceptions for one reference copy and copies installed or to be installed under supply contracts entered into before 8 November 2016.

Court Disposition

Declarations, permanent injunctions, and delivery up or destruction or erasing orders made in relation to the copyright aspect of the firmware part of the case; costs reserved.

Orders

  • ['The first respondent, by the creation, development, reproduction and distribution of its controller known as the Control and Data Acquisition System (CDAS), has infringed the copyright subsisting in version 1.1D (IO Module) and version 1.20 (CPU Module) of the IMACS Firmware.' 'The second and third respondents,...