IPC Global Pty Ltd v Pavetest Pty Ltd (No 3)

IPC Global Pty Ltd sought to bring an action against Pavetest Pty Ltd for copyright infringement and breach of confidence in relation to software used for materials testing equipment. IPC Global alleged that Pavetest had infringed its copyright by copying source code and that Pavetest had breached a duty of confidence by using confidential source code in developing its own software. The case involved former IPC Global executives who had established Pavetest and allegedly used IPC Global’s confidential source code in developing Pavetest’s software. The court was required to determine whether Pavetest had indeed infringed IPC Global’s copyright by copying a substantial part of its software and whether Pavetest had breached a duty of confidence by using IPC Global’s confidential source code.

The court found that IPC Global had not established the necessary elements for copyright infringement. While IPC Global’s software contained certain features and structures that were also present in Pavetest’s software, the court concluded that these were not substantial enough to constitute a reproduction of a substantial part of IPC Global’s software. Furthermore, the court held that Pavetest had not breached a duty of confidence. Although some of IPC Global’s source code had been accessed and copied, the court found that this information was not confidential. Additionally, the court found that Pavetest had not gained an unfair advantage from using the source code, and therefore there was no springboard benefit. As a result, IPC Global’s claims for copyright infringement and breach of confidence were dismissed. The court ordered both parties to file and serve proposed minutes of orders and submissions in support of those orders by specified dates.