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Peter Vogel Instruments Pty Ltd v Fairlight.Au Pty Ltd [2016] FCAFC 172

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CONTRACT - agreement for development of software and hardware products and trade mark licensing - whether primary judge erred in finding trade mark was used for purposes exceeding the scope of the licence - whether primary judge erred in finding respondent validly revoked the trade mark licence - whether revocation of trade mark licence terminated the entire agreement - whether, if agreement was not validly terminated, the first respondent was in breach for failing to perform obligations under the agreement COPYRIGHT - whether agreement assigned copyright in software products to appellant - whether first respondent infringed appellant's copyright PRACTICE AND PROCEDURE - application for leave to file a notice of contention - application not filed within appropriate time - whether leave should be granted in light of case management principles in Federal Court of Australia Act 1976 (Cth) s 37M

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