P.M. Sulcs & Associates Pty Ltd v Detroit Diesel-Allison Australia Pty Ltd [1997] FCA 1143

P.M. Sulcs & Associates Pty Ltd v Detroit Diesel-Allison Australia Pty Ltd [1997] FCA 1143

It is not clear beyond argument, on the face of the distributor licence agreement and the pleadings, that the applicant cannot be an exclusive licensee for the purposes of the Copyright Act 1968, nor that the claims should be struck out as embarrassing or insufficiently particularised; thus the motions for summary dismissal and strike-out must be dismissed.

Jurisdiction
Australia
Judgment Date
31 October 1997
Procedural Posture
Motion / Interlocutory (summary Dismissal, Strike Out Application)
Outcome
Motions for summary dismissal and strike-out are dismissed.
Legal Topics
['copyright Infringement' 'exclusive Licence' 'strike Out Application' 'summary Dismissal']
['intellectual Property Law' 'practice and Procedure'] ['copyright Infringement' 'exclusive Licence' 'strike Out Application' 'summary Dismissal']

Case Brief

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Procedural Posture

Motion / Interlocutory (summary Dismissal, Strike Out Application)

Legal Issues

  1. 1 ['Whether the applicant holds an exclusive licence of copyright for the relevant computer programs under the Copyright Act 1968.' 'Whether the applicant’s pleading is embarrassing or insufficient for lack of specificity in identifying the relevant copyrighted works.' 'Whether the motions for summary dismissal or strike-out should succeed based on the face of the pleadings and relevant agreements.']

Ratio Decidendi

It is not clear beyond argument, on the face of the distributor licence agreement and the pleadings, that the applicant cannot be an exclusive licensee for the purposes of the Copyright Act 1968, nor that the claims should be struck out as embarrassing or insufficiently particularised; thus the motions for summary dismissal and strike-out must be dismissed.

Court Disposition

Motions for summary dismissal and strike-out are dismissed.

Orders

  • ['The motions are dismissed.']