Case:    Chiropedic Bedding Pty Ltd –v- Radburg Pty Ltd

Court:    Full Court of the Federal Court

Law:    Designs Act 1906

Actuate IP is representing Chiropedic Bedding Pty Ltd in its appeal against the decision of Justice Finkelstein.  The appeal hearing is on 27 May 2008 before the Full Court of the Federal Court (the level below the High Court) which features 3 of its most senior judges. Assisting Actuate IP will be Glenn McGowan (SC) and Siobhan Ryan as Junior Counsel.  Look out for this case in future textbooks because new legal precedents will be decided.  In particular the appeal will make groundbreaking new laws on section 47 of the Designs Act 1906, which has not been tested by an Australian Courts in over 100 years.  The case will also put to bed issues surrounding Statutory Interpretation and the use of extraneous materials.  Naturally we will keep you posted when the Full Court’s decision is handed down.