Polwood v Foxworth

The Federal Court dismissed an appeal from a Supreme Court of Queensland decision on patent inventorship, breach of confidence and indirect copyright infringement.

Foxworth had contended that Polwood and a Mr Rampton had indirectly infringed copyright in drawings by a Mr Kemp of apparatus for the production of potting mix. Foxworth submitted that copying could be inferred from the similar features appearing in the replica apparatus and from the fact that Mr Rampton had had access to the drawings.

However, the court upheld the decision that no inference of indirect copying could be drawn. While Mr Rampton had intended to develop the ideas inherent in the apparatus, he had done this without infringing copyright in the drawings. The court also held that the contrasting features of the replica apparatus provided a basis for the trial judge to form the view that it did not indirectly reproduce Mr Kemp’s drawings.

Polwood Pty Ltd v Foxworth Pty Ltd [2008] FCAFC 9 (18 February 2008)