Copyright and Industrial Design Sub-Area
About this Sub-area
- copyright disputes concerning works such as books, computer programs, architectural drawings, musical and artistic works and other subject matter such as films and sound recordings.
- design disputes concerning the distinctive shape, configuration, pattern or ornamentation of products in an industrial or commercial context.
- other disputes, including circuit layout disputes concerning layout designs for integrated circuits and computer chips.
Central Practice Note (CPN-1)
The NPA practice note sets out the arrangements for the management of intellectual property proceedings:
|NPA Practice Note:|
Other practice notes which may be relevant to this NPA include:
|General Practice Notes:|
Forms, Rules & Fees
Filing fees for commencing a proceeding in this Sub-area may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.
Parties should consider whether it is necessary to file a Genuine steps statement (Form 16) in certain proceedings in this NPA - see r 8.02 of the Federal Court Rules 2011 (Cth) and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).
1. Commencing copyright proceedings
A copyright owner of original literary, dramatic, musical or artistic work and sound recordings, cinematographic films and television broadcast may commence a claim for infringement under Part V of the Copyright Act 1968 by filing the following forms:
2. Applications under the Circuit Layouts Act 1989
Disputes concerning layout designs for integrated circuits and computer chips include:
(a) Determination of equitable remuneration
A party may apply to the Court under section 20(2) of the Circuit Layouts Act 1989 for a determination of equitable remuneration in relation to an eligible layout by filing:
(b) Determination of the terms of the doing of an act
A party may apply to the Court under s 25(4) of the Circuit Layouts Act 1989 for a determination of the terms of the doing of an act in relation to an eligible layout by filing:
- 30 Apr 2021:
Universal Music Publishing Pty Ltd v Palmer (No 2)  FCA 434
COPYRIGHT - Infringement - musical work and literary work constituted by a famous rock song used in multi-media advertisements for a political party in an election campaign - where no issue that each work was an original work and applicants were respectively licensor and owner of the copyright in each work, whether copyright in each was infringed…
Judge: Katzmann J
- 21 Apr 2021:
Boomerang Investments Pty Ltd v Padgett (Costs of the Liability Phase)  FCA 385
COSTS - where Applicants partially successful at trial - whether to adopt an issue-by-issue, party-by-party or global approach to question of costs - whether costs to be determined on a party and party or indemnity basis - appropriate measure of discounts
Judge: Perram J
- 13 Apr 2021:
BCI Media Group Pty Ltd v Corelogic Australia Pty Ltd (No 2)  FCA 382
PRACTICE AND PROCEDURE - application to set aside orders made pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) requiring Prospective Respondents to make preliminary discovery - Prospective Applicant commenced substantive proceedings before the Prospective Respondents complied fully with the preliminary discovery orders - application…
Judge: White J
- 25 Mar 2021:
Gardner Industries Pty Ltd as trustee for the S M Gardner Family Trust v Telstra Corporation Limited  FCA 294
COPYRIGHT - consideration of an application under s 115A of the Copyright Act 1968 (Cth) for orders requiring the respondent carriage service providers to take steps to disable access to online locations outside Australia
Judge: Greenwood J
- 12 Mar 2021:
Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd  FCA 208
INTELLECTUAL PROPERTY - consideration of an appeal from the delegate of the Registrar of Designs revoking the registration of a design for application to a product called a "solar bollard" - consideration of whether the Registered Design lacked newness and distinctiveness having regard to the prior art base - consideration of whether the…
Judge: Greenwood J
- 26 Feb 2021:
Hood v Bush Pharmacy Pty Ltd (No 2)  FCA 138
COSTS - applications for costs orders in five proceedings brought by the applicant for patent infringement and trade mark infringement and contravention of Australian Consumer Law - where proceedings heard together - where applicant wholly unsuccessful against some respondents and partially successful against others - where cross-claims filed in…
Judge: Nicholas J
- 16 Dec 2020:
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 2)  FCA 1806
PRACTICE AND PROCEDURE -- election between damages and an account of profits -- where applicants entitled to be fully informed before being required to elect between damages and an account of profits -- whether the applicants will be in a position to make a meaningful and informed election between damages and an account of profits after being…
Judge: Besanko J
- 11 Dec 2020:
State of Escape Accessories Pty Limited v Schwartz (No 2)  FCA 1778
CONSUMER LAW - orders for relief for misleading and deceptive conduct under the Australian Consumer Law (ACL) - declarations made - where inter partes undertakings previously given regarding contravening conduct - injunction granted despite undertakings - order for damages under s 236(1) of the ACL - orders made for inquiry as to quantum of…
Judge: Davies J
- 9 Dec 2020:
Wilson Pateras Accounting Pty Ltd v Farmer  FCA 1763
PRACTICE AND PROCEDURE - application for an interlocutory injunction in aid of a final quia timet injunction - serious question to be tried - balance of convenience - enforcement of a negative covenant - prima face case established and balance of convenience in favour of the grant of an interlocutory injunction. EVIDENCE - whether a prima face…
Judge: Wheelahan J
- 6 Nov 2020:
State of Escape Accessories Pty Limited v Schwartz  FCA 1606
COPYRIGHT - artistic works - whether applicant's neoprene tote bag is a "work of artistic craftsmanship" within the meaning of s 10(1) of the Copyright Act 1968 (Cth) (Copyright Act) - application of principles in Burge v Swarbrick  HCA 17; 232 CLR 336 -- neoprene tote not a work of artistic craftsmanship - no copyright subsists - copyright… 156 IPR 199
Judge: Davies J
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.