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.

Central Practice Note (CPN-1)

The NPA practice note sets out the arrangements for the management of intellectual property proceedings:

NPA Practice Note:

Intellectual Property Practice Note (IP-1)

Other practice notes which may be relevant to this NPA include:

General Practice Notes:

Expert Evidence (GPN-EXPT)
Survey Evidence (GPN-SURV)

All 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:	Form 15 - Originating application Form 17 - Statement of claim Concise Statement (parties should consider when commencing an intellectual property matter whether a concise statement should be used (refer to the Central Practice Note and Commercial & Corporations Practice Note)
Rules:	Federal Court Rules 8.01, 8.04(1) and 8.05(1)(a) Federal Court Rules 34.48 and 34.49

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:	Federal Court Rules 34.32

(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:	Federal Court Rules 34.33

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

All Forms

Legislation

All Legislation

Latest Judgments

10 Sep 2021: FCA US LLC v Mahindra Automotive Australia Pty Ltd [2021] FCA 1091
COSTS - exercise of discretion to award costs where no hearing on the merits - where applicants seek to discontinue proceedings - whether respondents effectively capitulated or surrendered by proffering undertaking to the Court - relevance of the parties' conduct to capitulation or surrender - distinction between proceedings rendered futile by…
Judge: Halley J
8 Sep 2021: Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Ltd [2021] FCA 1090
INTELLECTUAL PROPERTY - consideration of an application to re open a proceeding to enable the applicant to agitate four further examples of contended trade mark infringement arising out of searches of the first respondent's website conducted on 6 August 2021 and 13 August 2021 - consideration of the best method of addressing the resolution of…
Judge: Greenwood J
7 Sep 2021: Boomerang Investments Pty Ltd v Padgett (Damages Phase Discovery) [2021] FCA 1071
PRACTICE AND PROCEDURE - discovery application - where documents relevant to damages inquiry - where respondents allege flawed theory of damages - whether allegation procedurally appropriate
Judge: Perram J
31 Aug 2021: Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd (No 2) [2021] FCA 1053
COPYRIGHT - orders made on delivery of judgment requiring parties to confer and agree to orders giving effect to judgment - parties unable to agree orders
Judge: Thawley J
30 Aug 2021: Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd (No 2) [2021] FCA 1044
COSTS - determination of the appropriate order as to costs - where the respondent's interlocutory application for leave to file and serve an amended notice of cross claim and a further amended statement of cross claim was successful - where the applicant opposed the application -where each party seeks its costs of the application - discourteous…
Judge: Wheelahan J
27 Aug 2021: Take-Two Interactive Software, Inc v Anderson [2021] FCA 1024
PRACTICE AND PROCEDURE - application to set aside judgment resulting from respondent's failure to comply with self-executing order - where self-executing order entered with the consent of the parties - where no satisfactory explanation advanced for failure to comply with order - whether arguable defence demonstrated - whether respondent would…
Judge: Nicholas J
18 Aug 2021: Hardingham v RP Data Pty Limited [2021] FCAFC 148
COPYRIGHT - consideration of copyright subsisting in photographs and floorplans - consideration of the terms of an oral licence conferred by the copyright owner and exclusive licensee on real estate agencies to use the works for the purposes of securing a sale or lease of the particular property - consideration of the principles governing whether…
Judge: Greenwood, Rares and Jackson JJ
4 Aug 2021: International Wushu Federation v Google LLC [2021] FCA 904
PRACTICE AND PROCEDURE - application for preliminary discovery pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) - allegedly defamatory comments made online - allegations of copyright infringement - respondent did not appear - application granted
Judge: Rofe J
4 Aug 2021: Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd [2021] FCA 902
INTELLECTUAL PROPERTY - alleged infringement of the applicant's registered designs - application for leave to file and serve a further amended statement of cross claim - where the application to amend is opposed on the basis that there is no proper basis to plead prior use, and that particulars of the type articulated in r 34.46 of the Federal…
Judge: Wheelahan J
3 Aug 2021: Rauland Australia Pty Ltd v Law (No 3) [2021] FCA 898
PRACTICE AND PROCEDURE - order sought that confidential information of one party be provided to employee of the other party for the purpose of assisting party's expert witness - whether assistance of employee is necessary - whether there is a risk that the confidential information is exploited - order sought for approved management accounts for…
Judge: Stewart J

Search All Judgments

To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.

We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.

All Subscriptions

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.