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Copying other people's designs: a defendant wins

In Inform Design and Construction Pty Ltd v Boutique Homes Melbourne Pty Ltd [2008] FCA 912  the Federal Court rejected a copyright claim in house plans (see previous note on Barrett v Metricon).

Kim Weatherall analyses the case in detail here: she concludes the defendant was able to substantiate its claim of independent design by producing a credible chain of evidence including a history of draft plans which evolved into the design in dispute which was similar to the plaintiff's.

July 2, 2008 in Intellectual Property | Permalink

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