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Blake Dawson - Skins to skins: a cautionary tale for manufacturing contracts and copyright licensees
Rebecca Young and Belinda Findlay of Blake Dawson report on Futuretronics.com.au Pty Limited v Graphix Labels Pty Limited and John Atta [2007] FCA 1621, in which a Federal Court of Australia decision indicates that absent an express term to the contrary, a manufacturer of a non-patentable and non-unique product may be able to create and sell its own version of the product.
According to Rebecca Young and Belinda Findlay, this decision highlights the need for there to be clear contractual terms set out with respect to manufacturing relationships, including expectations regarding competition within the marketplace, keeping in mind trade practices considerations. Where an existing manufacturing relationship is in place, a court is unlikely to extend an implied copyright licence beyond the precise requirements of the manufacturing relationship.
Blake Dawson - Skins to skins: a cautionary tale for manufacturing contracts and copyright licensees
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