29 Jul 2022
BURDEN v ESR GROUP (NZ) LTD [2022] NZHC 1818
- Citation
- [2022] 3 NZLR 380
- Court
- High Court
Section 9(1) must be read in context with ss 12,16,29 and 31 and related statutory and international developments to mean that 'putting into circulation' for the purpose of the right of first circulation refers to circulation in New Zealand by or with the consent of the copyright owner; antecedent foreign circulation by third parties does not defeat a New Zealand primary infringement claim. Applying that construction, ESR committed primary infringement by issuing the infringing furniture to the New Zealand public and is liable to account for $221,134.50.