4 Aug 2006
Leave to appeal was granted limited to two issues: whether Henkel pleaded and proved artistic copyright by collocation or arrangement in the Cipadue drawings, and whether Holdfast infringed any copyright Henkel established.
17 May 2006
The Court allowed the appeal and set aside the High Court judgment because Henkel failed to establish infringement of copyright in the Cipidue drawings or in any proved underlying drawings: the contested features were largely unoriginal or previously used by Holdfast, Henkel did not prove ownership of inferred intermediate drawings, the court must compare alleged copies with the specific copyrighted drawings (not general design concepts), and the undertaking did not extend to the Ultra Bonder packaging. Consequently there was no breach of copyright or of the undertaking.