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
- 10 Apr 2025:
Australian News Channel Pty Ltd v Isentia Pty Limited [2025] FCAFC 49
COPYRIGHT – statutory construction – section 183(1) of the Copyright Act 1968 (Cth) – meaning of “for the services of the Commonwealth or State” – whether provision of media monitoring services to government clients within s 183(1) – appeal dismissed
Judge: CHEESEMAN, JACKMAN AND OWENS JJ - 8 Apr 2025:
Rock Solid Industries International (Pty) Ltd v Ozi 4X4 Pty Ltd [2025] FCA 334
DAMAGES – assessment of damages for infringement of registered designs – where default judgment was entered against respondent granting injunctive and declaratory relief – where applicant sought damages to reputation and additional damages – assessment of considerations relevant to award of damages – damages granted
Judge: ANDERSON J - 8 Apr 2025:
EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd [2025] FCA 328
COPYRIGHT – default judgment – applicants failure to appear – claim for wrongful threats of copyright infringement – consideration of Federal Court Rules 2011 (Cth) (FCR) r 5.23(1) – default judgment granted – claim dismissed COPYRIGHT – default judgment – cross-respondents failure to appear – cross-claim for copyright infringement, breach of…
Judge: BURLEY J - 28 Mar 2025:
The Epoch Holding Group Pty Ltd v Katz (Disclosure of Documents) [2025] FCA 271
PRACTICE AND PROCEDURE – Discovery of documents – extent to which particulars to pleadings can govern matters “directly relevant to the issues raised by the pleadings” – consideration of operation of Federal Court Rules 2011 (Cth) r 20.14(1)(a) where a pleading notes that further particulars will be provided after discovery – need for connected…
Judge: NEEDHAM J - 2 Oct 2024:
The Epoch Holding Group Pty Ltd v Katz (Evidence Admissibility) [2024] FCA 1531
EVIDENCE – whether affidavits of US attorney at law in relation to proposed § 1782 applications under Title 28 of the United States Code are admissible in interlocutory hearing – whether affidavits need to comply with Expert Evidence Code of Conduct – deponent an expert but not independent of applicants - affidavits admissible except for…
Judge: NEEDHAM J - 7 Feb 2025:
Aristocrat Technologies Australia Pty Ltd v Light & Wonder, Inc. (No 2) [2025] FCA 64
INTERLOCUTORY INJUNCTIONS – confidential information – serious question to be tried – undertakings not to disclose or use impugned devices given – whether additional mandatory orders affecting third parties warranted – whether joinder of third parties required – balance of convenience – additional orders refused.
Judge: BURLEY J - 18 Dec 2024:
Hytera Communications Corporation Ltd v Motorola Solutions Inc [2024] FCAFC 168
PATENTS – indirect infringement – appellant found to have infringed respondent’s patent (Australian Patent No 2005275355) relating to digital mobile radios (DMRs) using Time Division Multiple Access (TDMA) technology to divide frequency channel – appeal against finding of infringement – disputed issues of construction – appeal against finding of…
Judge: BEACH, O'BRYAN AND ROFE JJ - 18 Dec 2024:
Take-Two Interactive Software, Inc v Anderson (No 2) [2024] FCA 1459
COPYRIGHT - circumvention devices - application by copyright owner under ss 116AN and 116AO of Copyright Act 1968 (Cth) ("the Act") - interpretation of relevant definitions in s 10(1) of the Act - "technological protection measure" - "access control technological protection measure" - "controls access" - whether device, product technology or…
Judge: NICHOLAS 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 - 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
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National Coordinating Judges
- Nicholas J
- Burley J
- Rofe J
National Coordinating Registrar
- Susan O’Connor
