Kevlacat Pty Ltd v Trailcraft Marine Pty Ltd & Ors [1987] FCA 692

Kevlacat Pty Ltd v Trailcraft Marine Pty Ltd & Ors [1987] FCA 692

Copyright may subsist in the applicant's plans and sketches for the Kevlacat catamaran, giving rise to a serious question to be tried as to infringement by respondents' manufacture of boats with moulds derived from a demonstration Kevlacat. However, as the plans’ features have been industrially applied and the relevant 'corresponding designs' fall within the meaning of s.77, copyright protection for industrially applied features is withdrawn by force of s.77. The numerical and process elements of 'industrial application' under Regulation 17 are fulfilled. The moulds themselves are not sufficiently established as infringing copies of artistic works. The applicant’s case is not sufficiently...

Jurisdiction
Australia
Judgment Date
02 December 1987
Procedural Posture
Interlocutory Application / Determination of Interlocutory Injunction and Security for Costs; Reasons for Judgment Delivered
Outcome
Interlocutory injunction discharged; respondents' motion for security for costs dismissed.
Legal Topics
['copyright Infringement' 'industrial Design' 'interlocutory Injunctions' 'security for Costs' 'dual Protection Provisions' 'originality and Novelty in Copyright and Design' 'statutory Interpretation']
['intellectual Property' 'commercial Law'] ['copyright Infringement' 'industrial Design' 'interlocutory Injunctions' 'security for Costs' 'dual Protection Provisions' 'originality and Novelty in Copyright and Design' 'statutory Interpretation']

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Procedural Posture

Interlocutory Application / Determination of Interlocutory Injunction and Security for Costs; Reasons for Judgment Delivered

Legal Issues

  1. 1 ['Whether the applicant has copyright in plans and whether the respondents infringed that copyright by manufacturing boats using moulds taken from a demonstration Kevlacat boat' 'Whether s.77 of the Copyright Act 1968 (Cth) withdraws copyright protection in respect of artistic works used in industrially applied designs' 'Whether the moulds used by respondents are infringing copies or reproductions of the applicant’s artistic works' "What constitutes an 'industrial application' and whether numerical or process requirements are met under Regulation 17" 'Whether the corresponding design must be novel or registrable under the Designs Act 1906' 'Whether interlocutory injunction should continue based on balance of convenience']

Ratio Decidendi

Copyright may subsist in the applicant's plans and sketches for the Kevlacat catamaran, giving rise to a serious question to be tried as to infringement by respondents' manufacture of boats with moulds derived from a demonstration Kevlacat. However, as the plans’ features have been industrially applied and the relevant 'corresponding designs' fall within the meaning of s.77, copyright protection for industrially applied features is withdrawn by force of s.77. The numerical and process elements of 'industrial application' under Regulation 17 are fulfilled. The moulds themselves are not sufficiently established as infringing copies of artistic works. The applicant’s case is not sufficiently...

Court Disposition

Interlocutory injunction discharged; respondents' motion for security for costs dismissed.

Orders

  • ['The interlocutory injunction is discharged.' 'The respondents’ motion for security for costs is dismissed.' 'The costs of the hearing in relation to the interlocutory injunction and the motion for security for costs will be in the cause.']