Nintendo Company Ltd v Centronics Systems Pty Ltd

The High Court of Australia heard an appeal by Nintendo Company Ltd against Centronics Systems Pty Ltd. The dispute concerned the interpretation and application of section 7 of the Circuit Layouts Act, specifically whether an action for infringement could be brought in respect of goods imported before the Act's commencement date but sold thereafter. The appellant sought to amend its notice of appeal to include a ground challenging the propriety of the Full Federal Court's grant of an injunction against further importation by the respondent.

The primary legal issue before the High Court was the construction of section 7 of the Circuit Layouts Act. This section stipulated that an action did not lie "in respect of" any act done before 1 October 1990. The Full Federal Court had interpreted this to mean that even if goods were imported before the commencement date, an action for infringement based on their sale after that date was excluded. The High Court was required to determine whether this interpretation was correct and whether the Full Federal Court had appropriately relied on this provision to allow the respondent's appeal.

The Court granted leave to amend the notice of appeal. The appellant argued that section 7, on its own terms, did not preclude an action for infringement based on the sale of goods imported before the commencement date, even if the sale occurred after that date. The appellant contended that the limitation imposed by the language of section 7 was not as broad as the Full Federal Court had determined, and that the Court's reliance on this interpretation to grant an injunction was therefore improper.