Patent law - a city council is an ‘authority of a state’
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In George Stack and GS Technology Pty Ltd v The Brisbane City Council, Davies Shepard Pty Ltd and Davies Shepard (Queensland) Pty Ltd, a patent infringement case, a number of preliminary questions were referred for determination to Cooper J. of the Federal Court, sitting in Brisbane. The basic and most important issue was whether the Brisbane City Council was an ‘authority of a State’ within the meaning of Chapter 17 (ss 161-176) of the Patents Act 1990…His Honour held that the Brisbane City Council was an authority of a State, and therefore free to exploit the invention for the services of the state (so-called ‘Crown use’), which in this case it had done.
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