Napier Tool & Die Limited v Oraka Technologies Limited and others - SC 46/2013

Civil Appeal – Intellectual Property – Whether the Court of Appeal erred in equating respondents’ effort in devising their product with level of protection available under copyright law for respondents’ copyright works – Whether the Court of Appeal erred in applying the test for breach of copyright by divorcing the substantiality enquiry from enquiries into objective similarity and causation – Whether the Court of Appeal erred in remitting proceeding to High Court for enquiry into damages and should have directed determination of respondents’ loss based on quantum evidence led at trial.[2013] NZCA 171  CA 271/2011