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ARTICLE · 24 SEPTEMBER 2019

Intellectual Property in building plans and development approvals: who owns the copyright?

Article discusses recent case which looked at whether copyright of building plans had been infringed.

AustraliaIntellectual Property

Assisted by Mario Rashid-Ring.

Significant complications can often arise in relation to the infringement of copyright linked to company-specific building plans, as has been made evident in the recent Federal Court case of Carlisle Homes Pty Ltd v Tick Homes Pty Ltd [2018] FCA 973.

With this said, it is possible for both architects and landowners, as well as those who have purchased land with pre-existing development applications (and who are looking to use the approved building plans) to protect themselves by following a few simple steps, and by seeking appropriate legal advice wherever necessary.

The decision handed down in the case of Carlisle Homes Pty Ltd v Tick Homes Pty Ltd [2018] has refused injunctive relief for a building company which had claimed that intellectual property linked to their custom building plans had been substantially copied and sold by a competitor.

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