Before and After Designers Guild: Another Look at Appellate Deference in New Zealand's Copyright Law

12 Pages Posted: 2 Jan 2019 Last revised: 29 Apr 2019

See all articles by Graeme W. Austin

Graeme W. Austin

Victoria University of Wellington

Date Written: December 16, 2018

Abstract

This paper considers how Designers Guild has affected New Zealand’s copyright law, using as its springboard two decisions of the New Zealand Court of Appeal: one before and one shortly after the Supreme Court’s apparent endorsement of the approach to appellate deference that was adopted by the House of Lords. The paper argues that the special characteristics of New Zealand's copyright law — including the dominant use of copyright as a vehicle for protecting the designs of functional products — should provoke some further scrutiny of whether deference to trial courts' findings on the substantiality of copying continues to be appropriate.

Keywords: New Zealand, copyright, appellate deference, Designers' Guild

Suggested Citation

Austin, Graeme W., Before and After Designers Guild: Another Look at Appellate Deference in New Zealand's Copyright Law (December 16, 2018). Victoria University of Wellington Legal Research Paper No. 1/2019. Available at SSRN: https://ssrn.com/abstract=3302303 or http://dx.doi.org/10.2139/ssrn.3302303

Graeme W. Austin (Contact Author)

Victoria University of Wellington ( email )

PO Box 600
Wellington, 6140
New Zealand

HOME PAGE: http://www.victoria.ac.nz/law/about/staff/graeme-austin

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