Project Management Institute Inc v Percepta International Ltd

Project Management Institute Inc (PMI) and Percepta International Ltd (Percepta) were parties to a dispute before the Federal Court of Australia. PMI, a global organisation, had licensed Percepta to use its intellectual property, including trademarks and training materials, in Australia. The dispute arose when PMI alleged that Percepta had breached the terms of the licence agreement by failing to pay royalties and by continuing to use PMI's intellectual property after the termination of the agreement. PMI sought to restrain Percepta from further use of its intellectual property and to recover outstanding royalties.

The primary legal issues before the Court were whether Percepta had breached the licence agreement by failing to pay royalties and by continuing to use PMI's intellectual property post-termination. The Court was also required to determine the appropriate remedies for any breaches found, including the availability of an injunction and an order for an account of profits or damages.

In his judgment, Justice Terry Williams found that Percepta had indeed breached the licence agreement by failing to pay royalties and by continuing to use PMI's intellectual property after the termination of the agreement. The Court applied principles of contract law, focusing on the express terms of the licence agreement and the consequences of breach. His Honour considered the evidence presented regarding the use of the intellectual property and the financial records relating to royalty payments. The Court determined that PMI was entitled to an injunction to prevent further unauthorised use of its intellectual property and ordered an inquiry as to damages or an account of profits to compensate PMI for its losses.