Copyright and Industrial Design Sub-Area NPA logo with link NPA logo with link

Copyright and Industrial Design Sub-Area

About this Sub-area

The Copyright and Industrial Design Sub-area includes:

  • 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.

Practice Notes

All practice notes are to be read with the Central Practice Note.  It is the essential guide to practice in the Federal Court in all proceedings.

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:

Forms:
Rules:

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:

Forms:
  • Form 94 - Originating application for determination of equitable remuneration under section 20(2) of the Circuits Layouts Act 1989
Rules:

(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:

Forms:
  • Form 95 – Originating application for determination of the terms of the doing of an act under section 25(4) of the Circuits Layouts Act 1989
Rules:

For further procedural and case management information you should refer to the Central Practice Note and the Intellectual Property Practice Note.

Latest Judgments

  • 30 Apr 2021: Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] 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) [2021] 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) [2021] 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 [2021] 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 [2021] 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) [2021] 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) [2020] 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) [2020] 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 [2020] 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 [2020] 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 [2007] 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.

NPA Judges

National Coordinating Judges:

  • Greenwood J
  • Nicholas J
  • Yates J
  • Burley J
NPA Judges

Urgent Applications