ii. INDIRECT INFRINGEMENT Indirect infringement (Copyright Act s 37-39 and s 102-103) occurs if a person: – imports an infringing copy – trades in an infringing copy – engages in unauthorised parallel importation o The applicant for relief has the burden of proving there was no positive licence to import: Avel v Multicoin (1990) 171 CLR 88. o There is no implied license to deal with the work by the mere fact that the works have been put on an overseas market. (Time Life International (Nederlands) BVv Interstate Parcel Express (1976) 12 ALR 1) o Knowledge of the absence of a licence is actual or constructive (s37, 38). ‘Constructive knowledge’ requires an objective assessment as to whether he, not some other person, ‘ought reasonably to have known (Raben Footwear v Polygram Records (1997) 75 FCR 88) • Consider the reasonableness of the alleged infringer’s conduct. Failure to make further inquiries may amount to constructive knowledge: Taylor’s Central Garages (Exeter) v Roper (1951) WN 383.
The most concise and updated Intellectual Property Law Study Notes for Australian Law Students.
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Approximately 24512 words over 59 pages. Prepared in 2022.