30 April 2012
Legal News & Analysis – Asia Pacific – Australia – Dispute Resolution – Intellectual Property
The Federal Court of Australia recently handed down a decision which has important ramifications for software developers working with third party products. CA Inc v ISI Pty Limited [2012] FCA 35 involved a claim by an international software company which alleged, amongst other things, breach of copyright and breach of confidence by the respondent.
The Court found that the respondent, whilst assisting CA's licensees to convert from using CA's relational database product to a third party product, reproduced macros attached to its application program. These macros formed a substantial part of the applicant's copyright work. The court found that an infringement had occurred in relation to some, although not all, of these macros. The court also found that in providing services to CA's licensees, the respondent obtained access to CA's confidential information which was then applied (albeit in part only) in the creation of its own macros.
Read the Federal Court judgment.
For further information, please contact:
Mary Padbury, Partner, Ashurst
Homegrown Dispute Resolution Law Firms – Australia
Homegrown Intellectual Property Law Firms in Australia