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:
- 21 Dec 2021:
Roadshow Films Pty Ltd v Telstra Corporation Limited  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)  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)  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  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)  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  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)  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)  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)  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  Fam 93 -…
Judge: Greenwood, Rares and Jackson JJ
- 24 Sep 2021:
Orientile Pty Ltd v Salitrosa Holdings Pty Ltd  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.