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:
- 10 Sep 2021:
FCA US LLC v Mahindra Automotive Australia Pty Ltd  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  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)  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)  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)  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  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  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  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  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)  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
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.
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.