Chiropedic Bedding Pty Ltd v Radburg Pty Ltd - [2008] FCAFC 142

FEDERAL COURT OF AUSTRALIA
Chiropedic Bedding Pty Ltd v Radburg Pty Ltd [2008] FCAFC 142
STATUTORY INTERPRETATION – intellectual property – claim that registered design for mattress infringed – claim that registration invalid for lack of novelty – design used before priority date – mattress exhibited at furniture fair – Designs Act 1906 (Cth) s 47 exception for designs exhibited at certain exhibitions – whether fair needed to be “official exhibition” or “officially recognised international exhibition” or “official international exhibition” or “officially recognised international exhibition” – Paris Convention of 1883 not incorporated into, nor its ratification approved by, Designs Act 1906 – words of Act starting point for interpretation – questions resolved by statutory language – correct interpretation “official exhibition” or “officially recognised international exhibition” – fair not “official exhibition” – whether fair “international” – whether determined by presence of foreign exhibitors, place of manufacture of goods or presence of foreign visitors – fair “officially recognised international exhibition”
Held: Appeal allowed – trial judge erred in concluding fair not international.
Acts Interpretation Act 1901 (Cth) s 15AB(1), (2)(a), (2)(f)
Customs Tariff Act 1965 (Cth)
Designs Act 1906 (Cth)
Designs Act 2003 (Cth)
Export Development Grant Act 1974 (Cth)
Migration Act 1958 (Cth) s 4(1)
Patents, Designs and Trademarks Act 1883 (UK) s 58
Racial Discrimination Act 1975 (Cth)
Designs Regulations 2004 (Cth) reg 2.01
Convention on Nomenclature for the Classification of Customs Tariffs
Convention Relating to the Status of Refugees as amended by the Protocol Relating to the Status of Refugees Art 1
International Convention on the Elimination of all Forms of Racial Discrimination
Paris Convention for the Protection of Industrial Property
Vienna Convention on the Law of Treaties Arts 31, 32
Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 referred to
Australian Securities and Investments Commission v DB Management Pty Ltd (2000) 199 CLR 321 referred to
Barry R Liggins Pty Ltd v Comptroller-General of Customs (1991) 32 FCR 112 referred to
Chiropedic Bedding Pty Ltd v Radburg Pty Ltd [2007] FCA 1869; (2007) 243 ALR 334 referred to
CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 referred to
Coleman v Power (2004) 220 CLR 1 referred to
Commonwealth v Tasmania (1983) 158 CLR 1 referred to
D & R Henderson (MFG) Pty Ltd v Collector of Customs for the State of New South Wales (1974) 48 ALJR 132 referred to
Fothergill v Monarch Airlines Ltd [1981] AC 251 referred to
Koowarta v Bjelke-Petersen (1982) 153 CLR 168 referred to
Minister for Foreign Affairs and Trade v Magno (1992) 37 FCR 298 referred to
Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 referred to
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to
Ross v The Queen (1979) 141 CLR 432 referred to
Scaniainventor v Commissioner of Patents (1981) 36 ALR 101; 54 FLR 367 referred to
Yager v The Queen (1977) 139 CLR 28 referred to
Little W, Fowler MW,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2008] FCAFC 142
Decision Date: 14 August 2008

CaseChat Overview and Summary

Chiropedic Bedding Pty Ltd brought an appeal against the decision of Finkelstein J, seeking a declaration that a particular design was eligible for registration under the Designs Act 1906 (Cth). The trial judge had held that the design was not eligible for registration as it was not shown at an "official exhibition" within the meaning of s 47(1) of the Act. The appeal was heard by the Full Court of the Federal Court of Australia, which had to determine whether the exhibition at which the design was shown qualified as an "officially recognised international exhibition" under the Act.

The key legal issue before the Full Court was the interpretation of the term "officially recognised international exhibition" within the context of the Designs Act 1906 (Cth). The Court had to decide whether the National New Products Parade, held at the Melbourne Exhibition Centre, qualified as such an exhibition. The Court considered the legislative history and the circumstances surrounding the exhibition to determine whether it met the necessary criteria. The Court concluded that the exhibition was indeed an "officially recognised international exhibition" within the meaning of the Act, as it was endorsed by the relevant industry association and held at a significant venue.

The Full Court found that the trial judge had erred in his interpretation of the term "official exhibition" and that the exhibition in question was indeed an "officially recognised international exhibition". The Court held that the appeal should be allowed, and the orders made by the trial judge should be set aside. Instead, the Court made new orders declaring that the design was eligible for registration under the Act and that the respondent should pay the costs of the appeal and the separately tried issue. The Court's decision clarified the scope of the term "officially recognised international exhibition" within the Designs Act 1906 (Cth), providing guidance for future cases involving similar issues.

Orders

Orders of the court

1. The appeal be allowed and the first, second and third orders made by Finkelstein J on 5 December 2007 be set aside. In lieu of those orders there be the following orders:

1.1 It be declared that the National New Products Parade conducted by the Furniture Industry Association of Australia (Vic/Tas) Inc and held at the Melbourne Exhibition Centre from 20 July 1996 was an officially recognised international exhibition within the provisions of s 47 of the Designs Act 1906 (Cth) and that the application for the registration of the design which is Australian Design Registration No 127723 was made within six months after the opening of the said officially recognised international exhibition.

1.2 The respondent pay the applicant’s costs of the separately tried issue.

2. The respondent pay the appellant’s costs of the appeal including the respondent’s Notice of Contention.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

FRENCH, RARES AND BESANKO JJ

The fair was not an “official exhibition” within s 47(1) of the 1906 Act but it was an “officially recognised international exhibition” within the subsection.Conclusion In our opinion, the appeal should be allowed and the relevant orders made by the trial judge, should be set aside. A declaration reflecting the conclusions expressed in these reasons should be made and the respondent should be ordered to pay the appellant’s costs of the separately tried issue and of the appeal including the Notice of Contention.

Ratio Decidendi

Legal Principle Established

Established by: FRENCH, RARES AND BESANKO JJ

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