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:
- 25 Nov 2022:
Roadshow Films Pty Ltd v Telstra Corporation Limited  FCA 1413
Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) in respect of "cyberlocker" known as Mixdrop - whether online location infringes or facilitates the infringement of copyright in applicants' and other copyright owners' films - whether online location has primary purpose or primary effect of infringing…
Judge: Nicholas J
- 10 Oct 2022:
Howden Australia Pty Ltd v Minetek Pty Ltd (Release of Implied Undertaking)  FCA 1202
PRACTICE AND PROCEDURE - where Respondents allegedly use confidential information to file patent applications - where Applicants oppose grant of patent - where same questions before Court and Registrar of Patents delegate - whether to release parties from implied undertaking - whether to stay proceeding before delegate
Judge: Perram J
- 16 Aug 2022:
The Epoch Holding Group Pty Ltd v Carrodus  FCA 947
PRACTICE AND PROCEDURE - where non-publication orders previously made in respect of evidence -where the evidence contains commercially sensitive information the subject of the proceedings - whether non-publication orders are necessary to prevent prejudice to the proper administration of justice - whether non-publication orders previously made…
Judge: Cheeseman J
- 19 Jul 2022:
Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd (No 2)  FCAFC 121
COSTS - determination of costs on appeal and first instance proceeding - application for an order that the respondents pay the appellant's costs on an indemnity basis - where offer of compromise - where no reason to depart from guiding principle for the award of indemnity costs- where not unreasonable to not accept offer of compromise
Judge: Greenwood, Cheeseman and McElwaine JJ
- 6 Jul 2022:
Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd  FCAFC 112
COPYRIGHT - appeal from decision of the primary judge dismissing claims of copyright infringement, misuse of confidential information, and various breaches of contract - where primary judge upheld the claims in relation to only one of the respondents - where appellant contends that its claims should have been upheld by the primary judge against… 402 ALR 576 ; 167 IPR 411
Judge: Greenwood, Cheeseman and McElwaine JJ
- 18 May 2022:
GME Pty Ltd v Uniden Australia Pty Ltd (No 2)  FCA 638
PRACTICE AND PROCEDURE - form of final orders - whether delivery up and takedown orders should be made COSTS - whether respondent should pay applicant's costs of and incidental to the application for short service and the interlocutory relief
Judge: Burley J
- 9 May 2022:
GME Pty Ltd v Uniden Australia Pty Ltd  FCA 520
INTELLECTUAL PROPERTY - registered designs - threatened infringement of applicant's registered design for a microphone - consideration of factors relevant - consideration of the prior art base - whether respondent's product is substantially similar in overall impression to the registered design - infringement established 166 IPR 551
Judge: Burley J
- 20 Apr 2022:
State of Escape Accessories Pty Limited v Schwartz  FCAFC 63
COPYRIGHT - carry-all bag designed by director of appellant - whether copyright subsists in carry-all bag as a work of artistic craftsmanship - meaning of "work of artistic craftsmanship" - relevance of functionality and aesthetics - consideration of the extent to which any artistic expression in the form of the carry-all bag is constrained by… 166 IPR 242
Judge: Greenwood, Nicholas and Anderson JJ
- 8 Apr 2022:
State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd  FCAFC 57
INTELLECTUAL PROPERTY -- copyright and trademark infringement, statutory and tortious claims arising from use of statue in gender equality campaign -- where primary judge correctly found that statue had broader reputation in Australia distinct from original use by American financial institution -- where primary judge erred by ordering permanent… 166 IPR 29 ; 399 ALR 704
Judge: Jagot, Burley and Rofe JJ
- 23 Mar 2022:
Directed Electronics OE Pty Ltd v Isuzu Australia Limited  FCA 254
PRACTICE AND PROCEDURE - abuse of process - application for dismissal or permanent stay of proceedings - where there are existing proceedings in this Court between the applicant and cross-respondents - where respondent not party to first proceedings - where both sets of proceedings arise from the same factual circumstances - extent of overlap…
Judge: Rofe 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.