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)

• 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: 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
• 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