Nintendo Co Ltd v Centronics Systems Pty Ltd (No_2) [1994] HCA 27

Nintendo Co Ltd v Centronics Systems Pty Ltd (No_2) [1994] HCA 27

The sale and offering for sale by Centronics of the Spica Entertainment Units between 1 October and 5 December 1990 constituted infringement of Nintendo's EL rights in the Nintendo layout under s.19(3) of the Circuit Layouts Act 1989 (Cth), as Centronics had actual or constructive knowledge of the existence and ownership of EL rights and lack of licence; s.7 did not preclude action for sales post-commencement; s.20 did not apply to excuse Centronics' conduct as knowledge had been acquired and no remuneration paid; and the Act did not effect an acquisition of property contrary to s.51(xxxi) of the Constitution.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment After Appeal to the High Court
Outcome
Appeal allowed; application for leave to cross-appeal refused; matter stood over for submissions/orders.
Legal Topics
['circuit Layout Rights' 'infringement Under Circuit Layouts Act 1989' 'knowledge Requirement for Infringement' 'statutory Interpretation' 'just Terms Acquisition (constitution S.51(xxxi))']
['intellectual Property' 'constitutional Law'] ['circuit Layout Rights' 'infringement Under Circuit Layouts Act 1989' 'knowledge Requirement for Infringement' 'statutory Interpretation' 'just Terms Acquisition (constitution S.51(xxxi))']

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Procedural Posture

Appeal / Judgment After Appeal to the High Court

Legal Issues

  1. 1 ["Whether Centronics infringed Nintendo's EL rights under the Circuit Layouts Act 1989 (Cth) by commercial exploitation of integrated circuits embodying Nintendo’s original circuit layout." 'Whether s.7 of the Act precluded an action for infringement due to pre-commencement importation.' 'Construction and application of s.19(3) regarding knowledge for infringement—whether it requires knowledge of lack of licence, or also knowledge of ownership and existence of EL rights.' "Whether s.20 'innocent infringement' defence applied for acts after knowledge acquired post-acquisition." 'Whether the Act effected an acquisition of property not on just terms contrary to Constitution s.51(xxxi).']

Ratio Decidendi

The sale and offering for sale by Centronics of the Spica Entertainment Units between 1 October and 5 December 1990 constituted infringement of Nintendo's EL rights in the Nintendo layout under s.19(3) of the Circuit Layouts Act 1989 (Cth), as Centronics had actual or constructive knowledge of the existence and ownership of EL rights and lack of licence; s.7 did not preclude action for sales post-commencement; s.20 did not apply to excuse Centronics' conduct as knowledge had been acquired and no remuneration paid; and the Act did not effect an acquisition of property contrary to s.51(xxxi) of the Constitution.

Court Disposition

Appeal allowed; application for leave to cross-appeal refused; matter stood over for submissions/orders.

Orders

  • ['The appeal is allowed.' 'Application for leave to cross-appeal is refused.' "Respondents restrained from selling, letting for hire, offering/exposing for sale/hire, or importing (for these purposes), PPU chips in the form of the UMC PPU chip infringing Nintendo's EL rights." 'Respondents to deliver up to Nintendo,...