[LINK] Beechwood homes and IP

David Lochrin dlochrin at d2.net.au
Tue Jun 24 13:30:06 AEST 2008

On Friday 20 June 2008 13:26, Chris Maltby wrote:
> It does seem pretty strange. The fact that the application was lodged by
> Beechwood wouldn't affect the approval and shouldn't prevent a building
> that conforms to the approved plans being constructed on the site by
> anyone. All the council gets to do is to issue a certificate of compliance
> at the end of the job. They should have no role in determining the
> status of a license for someone's design - that's a job for the courts.

   I understand it's common practice for the Architect to retain copyright on the plans; the prospective property owner only owns the (or "a"?) right to implement the plans.  So it's probably likely that the Architect still owns the plans and Beechwood currently "owns" Council Approval to construct the building.

> [...] there would be nothing to prevent a new DA being
> lodged with a new applicant.

> I'm sure there would be a way out of it that wouldn't depend on 
> getting an IP release from Beechwood's administrators though.

   Indeed, and renewed approval for a currently approved project should happen PDQ (shouldn't it?).  I'm not a Lawyer, unlike Chris, but I'm told on good authority that much legal actvity is bluff!


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