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.

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

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

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:

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

• Copyright Act 1968 (Cth)
• Designs Act 2003 (Cth)
• Circuit Layouts Act 1989 (Cth)
• Evidence Act 1995 (Cth)

• 16 Apr 2025: University of New England v Boerner (Costs Review) [2025] FCA 368
  COSTS – review of Registrar’s decision to order costs against prospective respondents – where prospective applicant was substantially successful in application for preliminary discovery – whether approach taken by either respondent was adversarial
  Judge: HESPE J
• 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