Metroll Queensland Pty Ltd v Mark Nicholas Collymore, Courier Pete Pty Ltd [Sec=Unclassified]

The case involved Metroll Queensland Pty Ltd and Mark Nicholas Collymore, along with Courier Pete Pty Ltd, before the Deputy Registrar of Designs. The dispute centred on the ownership of certain industrial designs and the application of specific sections of the Designs Act 2003. Metroll contested the ownership of three designs, asserting its entitlement to two of them and questioning the validity of the third. The primary legal issues the court needed to address were whether Metroll was the rightful owner of the designs at the time of their initial registration and, if so, whether a declaration should be made under section 52(2) of the Act, which allows for the correction of errors in the register.

The Deputy Registrar examined the evidence presented by both parties, including the testimonies of Collymore and Harland, to determine the authorship of the designs. The court found that while there was a dispute over the authorship, this did not impact the outcome since any entitlement from other employees would belong to Metroll. The Registrar concluded that Metroll was the entitled party for two designs and ordered the revocation of these designs from the register as per section 52(3) of the Act. The Registrar also decided against making a declaration under section 52(2) regarding the third design, as there were no other entitled parties involved. In terms of costs, the Deputy Registrar deemed it appropriate to award no costs to either party given the partial success of both.