5 Dec 2005
WINCHESTER INTERNATIONAL (NZ) LTD AND ANOR V CROPMARK SEEDS LTD CA CA226/04
- Citation
- openlaw-39324325_ed24_4e8d_8b86_bd7d69264251.pdf
- Court
- Court of Appeal
Arranging, procuring and organising sales of protected reproductive material that materially causes third parties to sell uncertified Optic seed diminishes the grantee's exclusive rights under s17 and constitutes actionable infringement; the director's personal conduct was attributable to the company and both the director and company were liable; exemplary damages were justified for deliberate, contumelious breaches and indemnity costs were appropriate given the conduct and Calderbank offers.