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.