Tuesday, March 20, 2018

Printer cartridge case in Australia

From a post by Michelle Blythe at Lexology on the Australian case Seiko Epson Corporation v Calidad Pty Ltd [2017] FCA1403. :

Seiko is a Japanese company that manufactures and sells Epson branded printer cartridges, the features of which are protected by Australian Patent Nos. 2009233643 and 2013219239. Ninestar Image (Malaysia) SDN BHD, a third party to the proceedings, acquires used or discarded Epson cartridges and refills them with ink overseas for subsequent sale to Calidad,who imports and sells them into Australia. In the course of refurbishment, Ninestar makes modifications to the cartridges that enable use with Epson branded printers.

In this case, the court found an implied license. One unsuccessful argument was that an implied license terminated when a product was discarded.

link: https://www.lexology.com/library/detail.aspx?g=68051c37-cfd5-4a8d-a09c-d7df6028d725


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