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ARTICLE · 01 NOVEMBER 2015

A stitch in time saves nine - licensing and copyright in building plans

We discuss the appeal decision in Tamawood v Habitare.

AustraliaIntellectual Property

This was a decision on appeal to the Full Court from the Federal Court of Australia and heard before Greenwood, Jaggot and Murphy JJ. Judgment was handed down on 18 May 2015.

The Appeal was a complex combination of nine issues for determination by the Court including issues of copyright infringement, indirect copying, authorisation, innocent infringer liability, costs, and additional damages. Apart from these issues, another important issue was that of authority under licence to use constructions plans prepared by a party which the Judgment of Jaggot and Murphy considered. It is with this issue that this article deals.

BACKGROUND FACTS

The dispute in this matter arose out of a construction project originally planned between Tamawood Limited a company involved in producing plans for low-cost project housing ('Tamawood') and Habitare Developments Pty Ltd a company involved in the construction of low-cost intensive housing ('Habitare').

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