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

  • 26 Oct 2020: BCI Media Group Pty Ltd v Corelogic Australia Pty Ltd [2020] FCA 1556
    PRACTICE AND PROCEDURE - application for preliminary discovery under r 7.22 and r 7.23 of the Federal Court Rules 2011 (Cth) - whether the prospective applicant has sufficient information to decide whether to commence proceedings against multiple prospective respondents - whether the categories of documents sought are too broad - whether r 7.23(2) …
    Judge: Charlesworth J
  • 22 Oct 2020: Derrimut Health & Fitness Pty Ltd v Revival 24:7 Gym Pty Ltd (No 2) [2020] FCA 1581
    PRACTICE AND PROCEDURE - application for default judgment - no defence or notice of address for service filed - default by respondent - satisfied of claim to relief - exercise of discretion in favour of granting relief COSTS - lump sum costs - whether appropriate to make a lump sum costs order - lump sum costs order made COSTS - indemnity costs -…
    Judge: Anderson J
  • 16 Oct 2020: Lamont v Malishus Limited [2020] FCA 1535
    PRACTICE AND PROCEDURE - application for substituted service of initiating documents - where respondent resides in New Zealand - application of the Trans-Tasman Proceedings Act 2010 (Cth) - where respondent has refused to accept personal service as required by the Act - application of the Federal Court Rules 2011 (Cth) relating to substituted…
    Judge: Burley J
  • 12 Oct 2020: Universal Music Publishing Pty Ltd v Palmer [2020] FCA 1472
    PRACTICE AND PROCEDURE - application by respondent on the eve of a trial for the hearing dates to be vacated - where arrangements had been made for hearing to take place through video conferencing software during COVID-19 pandemic - where remote trial protocol has been agreed - where witnesses are in disparate locations in Australia and overseas…
    Judge: Katzmann J
  • 2 Oct 2020: Boomerang Investments Pty Ltd v Padgett (Scope of Injunction) [2020] FCA 1413
    COPYRIGHT - form of orders to give effect to Court's conclusions - whether injunction should extend to communication of musical work and specify copyright owner - whether flagrancy declaration under s 115(4) of Copyright Act 1968 (Cth) appropriate
    Judge: Perram J
  • 2 Oct 2020: Howden Australia Pty Ltd v Minetek Pty Ltd (Forensic Imaging) [2020] FCA 1419
    PRACTICE AND PROCEDURE - application that Respondents make available devices for forensic imaging and provide any images made - where standard discovery previously ordered - whether circumstances justify orders under Federal Court Rules 2011 (Cth) r 14.01(1)(a)(i) and (ii) - whether there is reason to doubt adequacy of discovery
    Judge: Perram J
  • 29 Sep 2020: CPL Notting Hill Pty Ltd v Microsoft Corporation [2020] FCA 1399
    PRACTICE AND PROCEDURE - application for stay pursuant to r 41.03 of the Federal Court Rules 2011 (Cth) - respondents brought claim in Federal Circuit Court and were awarded damages - appeal allowed with orders that there be a retrial and that respondents pay costs of appeal - respondents claim damages at second trial - appellants have given…
    Judge: O'Callaghan J
  • 28 Sep 2020: Roadshow Films Pty Limited v Telstra Corporation Limited [2020] FCA 1468
    COPYRIGHT - application under s 115A of Copyright Act 1968 (Cth) - whether injunction should be granted requiring carriage service providers to disable access to online locations outside Australia - operation of r 16.07(2) of the Federal Court Rules 2011 (Cth) - providers' deemed admissions of allegations not specifically denied due to default of…
    Judge: Rares J
  • 25 Sep 2020: Rauland Australia Pty Ltd v Law (No 2) [2020] FCA 1400
    PRACTICE AND PROCEDURE - application for release from Harman undertakings regarding documents produced during standard discovery - documents sought to be used for separate proceeding in New Zealand - whether special considerations - where documents likely to be relevant in separate proceeding - where documents likely to be tendered in evidence or…
    Judge: Stewart J
  • 23 Sep 2020: JWR Productions Australia Pty Ltd v Duncan-Watt (No 4) [2020] FCA 1357
    COSTS - quantification of indemnity costs - whether costs claimed by respondent unreasonable - costs claimed by respondent granted
    Judge: Thawley 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.