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:
- 24 Nov 2023:
The Epoch Holding Group Pty Ltd v Katz  FCA 1468
COSTS - whether costs order should be made - where, if costs order made, whether costs should be payable forthwith following the dismissal of an interlocutory application - where the application concerns access to documents - where the application has been rendered otiose by reason of access to documents being provided without final determination…
Judge: Cheeseman J
- 29 Sep 2023:
Roadshow Films Pty Limited v Telstra Corporation Limited (Extension of Orders)  FCA 1167
COPYRIGHT - section 115A of the Copyright Act 1968 (Cth) - extension of injunction requiring carriage service providers to take reasonable steps to disable access to online locations infringing or facilitating infringement of copyright - joinder of additional carriage service providers - appropriate form of orders - extension granted
Judge: Burley J
- 6 Sep 2023:
Directed Electronics OE Pty Ltd v Gridtraq Australia Pty Ltd  FCAFC 149
PRACTICE AND PROCEDURE - appeal from decision of trial judge in proceedings where former employees colluded with suppliers to misappropriate Appellant's business - whether trial judge erred in dismissing proceedings against Respondents - where Appellant submitted that findings made against Respondents sufficient to constitute copyright…
Judge: Perram, Downes and Button JJ
- 28 Jul 2023:
Chapcon Building Services Pty Ltd v Spectrum Homes Qld Pty Ltd  FCA 873
COPYRIGHT - statement of claim alleged that director of company caused, authorised, directed or procured company to engage in conduct alleged to infringe copyright in plans - no material facts pleaded to support conclusion - no evidence adduced on summary judgment application to demonstrate any foundation exists to make allegation - uncontested…
Judge: Downes J
- 26 Jul 2023:
Alzheimer's Association of Queensland Inc v Nabelsy  FCA 851
PRACTICE AND PROCEDURE - inspection of personal computer - balancing considerations - intrusive orders sought - speculative case - undertakings offered - application dismissed. PRACTICE AND PROCEDURE - application pursuant to r 8.21 of the Federal Court Rules 2011 (Cth) to file and serve further amended originating application - application…
Judge: Burley J
- 7 Jul 2023:
Roadshow Films Pty Limited v Telstra Limited  FCA 777
INTELLECTUAL PROPERTY - Copyright - application for injunction under s 115A of the Copyright Act 1968 (Cth) - carriage service providers - whether online locations outside Australia infringed or facilitated the infringement of copyright works - whether online locations had the primary purpose or the primary effect of infringing or facilitating an…
Judge: Halley J
- 26 Jun 2023:
Mountain Trail Engineering Pty Ltd v Foster  FCA 718
PRACTICE AND PROCEDURE - respondents' interlocutory application to vary earlier orders - interlocutory application dismissed
Judge: O'Callaghan J
- 16 May 2023:
Hardingham v RP Data Pty Limited (Third Party Costs)  FCA 480
COSTS - application for costs order against third party litigation funder - where funded applicants brought unsuccessful proceedings - where litigation funder stood to receive financial benefit from the fruits of the litigation - cost orders made against litigation funder
Judge: Thawley J
- 4 May 2023:
Grow MF Pty Ltd v Parthy  FCA 442
PRACTICE AND PROCEDURE - interlocutory injunction - application for respondent to restore access to certain technological accounts - serious question to be tried - balance of convenience
Judge: Rofe J
- 1 May 2023:
Austin Engineering Pty Ltd v Podulova  FCA 419
PRACTICE AND PROCEDURE - intellectual property - alleged misuse of confidential and copyright information - orders sought for respondents to file and serve affidavits attesting to details of devices and networks which may contain applicant's confidential information - consideration of principles governing Norwich Pharmacal orders - orders sought…
Judge: Jackson 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.