Copyright and Industrial Design Sub-Area NPA logo with link NPA logo with link

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.

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:

Forms:
Rules:

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:

Forms:
  • Form 94 - Originating application for determination of equitable remuneration under section 20(2) of the Circuits Layouts Act 1989
Rules:

(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:

Forms:
  • Form 95 – Originating application for determination of the terms of the doing of an act under section 25(4) of the Circuits Layouts Act 1989
Rules:

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

Latest Judgments

  • 21 Dec 2021: Roadshow Films Pty Ltd v Telstra Corporation Limited [2021] FCA 1588
    Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - whether orders should be made - consideration of appropriate form of ancillary orders including form of order to facilitate extension of orders to cover new target online locations
    Judge: Nicholas J
  • 17 Dec 2021: Shepparton Partners Collective Operations Pty Ltd v QAD Inc (No 2) [2021] FCAFC 227
    COSTS - indemnity costs - whether appeal was sufficiently meritless - whether costs unreasonably incurred - costs awarded on lump sum basis
    Judge: Greenwood, Jagot and Rofe JJ
  • 10 Dec 2021: Boomerang Investments Pty Ltd v Padgett (Recusal Application) [2021] FCA 1561
    PRACTICE AND PROCEDURE - recusal application -matter bifurcated into liability trial and damages trial - where adverse credit findings made against First and Second Respondents in liability judgment - whether reasonable apprehension of bias - whether delay in bringing recusal application amounted to waiver
    Judge: Perram J
  • 7 Dec 2021: Geocentric Outdoors Pty Ltd v Nothin But Shorts (International) Pty Ltd [2021] FCA 1535
    INTELLECTUAL PROPERTY - consideration of an application by the applicant in the principal proceedings for judgment under s 31A(1)(b) of the Federal Court of Australia Act 1976 (Cth) in relation to a claim for damages to be assessed under s 115(2) of the Copyright Act 1968 (Cth), taking into account a claim for additional damages under s 115(4) of…
    Judge: Greenwood J
  • 26 Nov 2021: Wilson Pateras Accounting Pty Ltd v Farmer (No 2) [2021] FCA 1477
    HIGH COURT AND FEDERAL COURT - no question of principle involved - application to join additional respondents, amend originating application, and amend statement of claim - where respondents oppose application - consideration of proposed amendments - leave granted subject to further amendment in accordance with these reasons.
    Judge: Wheelahan J
  • 19 Nov 2021: Shepparton Partners Collective Operations Pty Ltd v QAD Inc [2021] FCAFC 206
    INTELLECTUAL PROPERTY -- copyright infringement -- compensatory damages --additional damages -- appeal dismissed
    Judge: Greenwood, Jagot and Rofe JJ
  • 25 Oct 2021: BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (No 4) [2021] FCA 1285
    COSTS - application for costs of interlocutory application regarding the prospective respondents' preliminary discovery obligations
    Judge: Yates J
  • 8 Oct 2021: Orientile Pty Ltd v Salitrosa Holdings Pty Ltd (No 2) [2021] FCA 1224
    PRACTICE AND PROCEDURE - costs of interlocutory application for non-standard discovery by categories - where respondents were successful on the application - where applicant seeks discrete costs orders by reference to categories - where orders sought are wholly opposed by the respondent - whether applicant has demonstrated a sufficient reason to…
    Judge: Cheeseman J
  • 1 Oct 2021: Hardingham v RP Data Pty Limited (No 2) [2021] FCAFC 175
    PRACTICE AND PROCEDURE - costs - whether costs should be paid on an indemnity basis following rejection of offer of settlement - where offer of settlement made on without prejudice except as to costs basis - where offer not mention seeking indemnity costs if rejected - whether offer in accordance with Calderbank v Calderbank [1976] Fam 93 -…
    Judge: Greenwood, Rares and Jackson JJ
  • 24 Sep 2021: Orientile Pty Ltd v Salitrosa Holdings Pty Ltd [2021] FCA 1154
    PRACTICE AND PROCEDURE - application for non-standard discovery pursuant to r 20.15 of the Federal Court Rules 2011 (Cth) - application for discovery by categories - where Redfern Schedule procedure has been undertaken - whether the making of an order is consistent with the overarching purpose - whether the circumstances of the case warrant an…
    Judge: Cheeseman 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.

NPA Judges

National Coordinating Judges:

  • Greenwood J
  • Nicholas J
  • Yates J
  • Burley J
NPA Judges

Urgent Applications