Copyright and Industrial Design Sub-Area
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:
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Other practice notes which may be relevant to this NPA include:
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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:
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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:
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(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:
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For further procedural and case management information you should refer to the Central Practice Note and the Intellectual Property Practice Note.
Legislation
- Copyright Act 1968 (Cth)
- Designs Act 2003 (Cth)
- Circuit Layouts Act 1989 (Cth)
- Evidence Act 1995 (Cth)
Latest Judgments
- 17 Dec 2024:
Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
COPYRIGHT - artistic works - designs on packaging of children's food products - where the applicants claimed that the respondent had infringed copyright by selling products in packaging that reproduced a substantial part of the applicants' works - whether the applicants owned the copyright in the relevant works - whether the respondent's designs…
Judge: Moshinsky J - 16 Dec 2024:
Hix Investment Pty Ltd v Wong [2024] FCA 1461
PRACTICE AND PROCEDURE - application for interlocutory injunction restraining the reproduction of plans and 3D images of portable homes products - where the applicant alleges the respondents copied the plans and 3D images in the portable homes products in infringement of the applicant's copyright - former employee's fiduciary and contractual…
Judge: Meagher J - 9 Dec 2024:
Directed Electronics OE Pty Ltd v Isuzu Australia Limited (No 3) [2024] FCA 1413
PRACTICE AND PROCEDURE - form of orders - failed interlocutory application to stay substantive proceeding COSTS - costs arising from failed interlocutory application seeking to stay substantive proceeding - whether costs should follow the event or be costs in the cause - whether conduct of the first respondent warrants the award of indemnity costs …
Judge: Rofe J - 3 Dec 2024:
Roadshow Films Pty Limited v Telstra Limited [2024] FCA 1388
COPYRIGHT - whether site blocking orders should be made under s 115A of the Copyright Act 1968 (Cth) - Held: site blocking and related orders made
Judge: Cheeseman J - 17 Oct 2024:
Directed Electronics OE Pty Ltd v Isuzu Australia Limited (No 2) [2024] FCA 1198
PRACTICE AND PROCEDURE - abuse of process - application for permanent stay of proceeding - where application has been previously stayed until judgment is handed down in another proceeding - where there are concluded proceedings in this Court between the applicant and cross-respondents - where respondent not party to initial proceedings - where…
Judge: Rofe J - 19 Sep 2024:
Transportable Shade Sheds Australia Pty Ltd v Aussie Shade Sheds Pty Ltd (Contempt Application) [2024] FCA 1112
CONTEMPT OF COURT - application brought in relation to alleged non-compliance with order which restrained conduct by reference to list of assets contained in schedule to agreement annexed to affidavit - order served without annexure - to overcome defect in service, oral application made at hearing to amend statement of charge to rely upon further…
Judge: Downes J - 17 Sep 2024:
VRG Bidco Pty Ltd, in the matter of VRG Bidco Pty Ltd [2024] FCA 1088
CORPORATIONS - application under s 1322(4) of the Corporations Act 2001 (Cth) for relief of companies and their current and former directors and officers from civil liability in respect of failure of companies to lodge a deed of cross-guarantee and related certificate for the purposes of complying with financial reporting obligations - where…
Judge: Stewart J - 7 Aug 2024:
Light & Wonder, Inc v Aristocrat Technologies Australia Pty Limited [2024] FCA 870
PRACTICE AND PROCEDURE - preliminary discovery - application for leave to appeal - where prospective proceedings concern misuse of confidential information and copyright infringement - where related proceedings commenced by prospective applicant in the United States - application dismissed
Judge: Jackman J - 8 Jul 2024:
Skildum-Reid v University of Queensland [2024] FCA 733
PRACTICE AND PROCEDURE - discovery - preliminary discovery - application under rr 7.22 and 7.23 of the Federal Court Rules 2011 (Cth) - documents sought in relation to alleged copyright infringement and infringement of moral rights - where applicant failed to provide sufficient evidence to satisfy criteria under either rule - application dismissed
Judge: Derrington J - 4 Jun 2024:
Transportable Shade Sheds Australia Pty Ltd v Aussie Shade Sheds Pty Ltd [2024] FCA 584
PRACTICE AND PROCEDURE - application for urgent interlocutory relief ex parte - circumstances when Court prepared to make ex parte order - need for disclosure of relevant facts - principles in Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 discussed - prospective claim of infringement of intellectual property rights …
Judge: Collier J
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