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:
- 26 Oct 2020:
BCI Media Group Pty Ltd v Corelogic Australia Pty Ltd  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)  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  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  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)  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)  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  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  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)  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)  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.