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

  • 17 Dec 2019: Hardingham v RP Data Pty Limited (No 2) [2019] FCA 2138
    Judge: Thawley J
  • 13 Dec 2019: Chhabra v McPherson as Trustee for the McPherson Practice Trust [2019] FCAFC 228
    INTELLECTUAL PROPERTY - copyright - appeal from orders dismissing an application for damages for infringement of copyright subsisting in a logo - whether first appellant was the sole owner of the copyright - whether, as co-owner, the first appellant could revoke a licence previously granted jointly by the co-owners to the respondents - whether the …
    Judge: Greenwood, Charlesworth and Burley JJ
  • 9 Dec 2019: Hardingham v RP Data Pty Limited [2019] FCA 2075
    INTELLECTUAL PROPERTY - Copyright - Action under s 115 of the Copyright Act 1968 (Cth) - copyright in photographs and floor plans - whether third party infringed copyright in the works - whether licence between photographer and real estate agencies to be inferred from conduct of the parties - whether licence implied in fact into an informal…
    Judge: Thawley J
  • 4 Dec 2019: Prodata Solutions Pty Ltd v South Australian Fire and Emergency Services Commission (No 2) [2019] FCA 2051
    PRACTICE AND PROCEDURE - Rule 30.01 Federal Court Rules 2011 (Cth) - application for particular questions arising in proceeding to be heard separately - allegations of copyright infringement and breach of equitable obligation of confidence - possible application of s 183 of the Copyright Act 1968 (Cth) justifying separation of remedies under s 115 …
    Judge: Charlesworth J
  • 22 Nov 2019: Derrimut Health & Fitness Pty Ltd v Revival 24:7 Gym Pty Ltd [2019] FCA 1988
    PRACTICE AND PROCEDURE - application for mandatory interlocutory injunction requiring respondent to remove photographs from website - application for prohibitory interlocutory injunction preventing respondent from using photographs - whether serious question to be tried (or prima facie case) - whether balance of convenience favours granting of…
    Judge: Anderson J
  • 11 Nov 2019: Howden Australia Pty Ltd v Minetek Pty Ltd (No 3) [2019] FCA 1851
    PRACTICE AND PROCEDURE - application for orders that the respondents file and serve an affidavit explaining the steps they had taken to comply with an earlier order that they preserve and not alter, destroy, erase or otherwise part with certain documents - application for orders that the respondents make available for forensic imaging their…
    Judge: Robertson J
  • 6 Nov 2019: Phonographic Performance Company of Australia Limited v Copyright Tribunal of Australia (Costs) [2019] FCAFC 192
    COSTS - discretion as to costs - consideration and determination of percentages - lump sum costs orders made pursuant to r 40.02(b) of the Federal Court Rule 2011 (Cth) - if not agreed, amounts to be determined by a Registrar of the Court
    Judge: Besanko, Middleton and Burley JJ
  • 6 Nov 2019: GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd (No 2) (Costs) [2019] FCA 1813
    COSTS - exercise of discretion - whether costs should be split between claim and cross-claim - costs of claim and cross-claim to be determined separately - applicant awarded 20% of its costs of the claim - cross-claimants awarded 30% of their costs of the cross-claim
    Judge: Burley J
  • 1 Oct 2019: Douglas v Racing Victoria Limited [2019] FCA 1745
    INTELLECTUAL PROPERTY application for extension of time in which to bring appeal whether delay attributed to misapprehension of appeal limitation period claims of illness and financial hardship in obtaining representation - merits of appeal - extension of time granted
    Judge: Anastassiou J
  • 27 Aug 2019: Qudos Mutual Limited v Infosys Limited (No 2) [2019] FCA 1373
    COSTS - application for preliminary discovery pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) - where prospective applicant was successful in obtaining discovery from first prospective respondent but in narrower categories than claimed - where further documents requested following an initial discovery - discretion in making costs orders…
    Judge: Burley 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.