27 Apr 2012
FISHER & PAYKEL FINANCIAL SERVICES LIMITED V KARUM GROUP LLC HC AK CIV-2006-404-6646
- Citation
- openlaw-df400ed5_f421_4614_85e4_a7ddc2b4b272.pdf
- Court
- High Court
An exclusive licence can validly cover a discrete subset of the copyright owner's exclusive rights even where the licensor retains limited non-conflicting usage rights; the dissolution agreement granted PRJ& (and thus Karum) exclusive rights to commercially exploit the enhanced CMS software which are capable of being subject to an exclusive licence under the Copyright Act 1994; the subsequent merger did not convert a non-exclusive licence into an exclusive one; accordingly leave to amend to plead exclusive licence was granted in part because interests of justice required it and prejudice and…