ACOHS Pty Ltd v Ucorp Pty Ltd

ACOHS Pty Ltd brought proceedings against Ucorp Pty Ltd in the Federal Court of Australia, alleging that the respondents had infringed the applicant's copyright in "The Collection" and certain material safety data sheets. The applicant sought an order for the respondents to provide access to their servers and electronic storage devices, to deliver copies of "The Collection" and the material safety data sheets, and to restrain the respondents from making certain information available in electronic storage means or databases. The legal issues before the Court were whether the applicant was entitled to the orders sought, and if so, what the scope of those orders should be. The Court found that the applicant was entitled to the orders sought, as the respondents had access to the applicant's copyright material and were using it without permission. The Court held that the orders should be limited to the information necessary to enable the applicant to take steps to protect its copyright, and should not be overly burdensome on the respondents. The Court made orders for the respondents to provide access to their servers and electronic storage devices, to deliver copies of "The Collection" and the material safety data sheets, and to restrain the respondents from making certain information available in electronic storage means or databases. The Court also made orders for the applicant to indemnify the respondents against any losses arising from the operation of the orders, and for the parties to bear their own costs.

The Court dismissed the respondents' Notice of Motion dated 16 December 2008, and reserved costs. The Court noted that the parties had liberty to apply on 48 hours' written notice to the other party or parties. The Court made orders for the respondents to provide access to their servers and electronic storage devices, to deliver copies of "The Collection" and the material safety data sheets, and to restrain the respondents from making certain information available in electronic storage means or databases. The Court also made orders for the applicant to indemnify the respondents against any losses arising from the operation of the orders, and for the parties to bear their own costs. The Court dismissed the respondents' Notice of Motion dated 16 December 2008, and reserved costs.