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Burden v ESR Group (NZ) Ltd - [2022] 3 NZLR 380

$30.00

High Court Wellington
CIV-2014-404-2456
27, 28 June; 29 July 2022
Downs J
Intellectual property — Copyright — Infringement — Issuing to public — Right of first circulation — Primary infringement — Furniture infringing plaintiff’s copyright — Whether furniture imported into and sold in New Zealand contravened right of first circulation — “First circulation” — Furniture made in Vietnam and sold first in Vietnam — Defendant ceasing to order furniture after finding it infringed copyright — Liability for time period prior to knowing of breach of copyright — Whether primary infringement through issuing furniture to public in New Zealand — Whether fact infringing copies first sold in Vietnam relevant — World Intellectual Property Office Copyright Treaty art 6.

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