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

  • 18 May 2022: GME Pty Ltd v Uniden Australia Pty Ltd (No 2) [2022] 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 [2022] 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
    Judge: Burley J
  • 20 Apr 2022: State of Escape Accessories Pty Limited v Schwartz [2022] 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 [2022] 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 [2022] 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
  • 22 Feb 2022: Roadshow Films Pty Ltd v Telstra Corporation Limited [2022] FCA 134
    Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - whether orders should be made Held: site blocking orders made pursuant to s 115A
    Judge: Nicholas J
  • 21 Feb 2022: Rauland Australia Pty Ltd v Johnson (No 3) [2022] FCA 138
    PRACTICE AND PROCEDURE - application for delivery up and destruction of documents containing applicant's confidential information - alternatively for injunction restraining such destruction - application for costs in the proceeding - relief or delivery up and destruction sought in interlocutory application same as final relief sought - where no…
    Judge: Stewart J
  • 8 Feb 2022: Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd (No 2) [2022] FCA 81
    INTELLECTUAL PROPERTY - consideration of the disposition of the costs reserved for determination by the orders made in Key Logic Pty Ltd v Sun Wizard Holding Pty Ltd [2021] FCA 208
    Judge: Greenwood J
  • 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 164 IPR 305
    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 164 IPR 417
    Judge: Greenwood, Jagot and Rofe JJ

Subscribe

To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.

We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.

All Subscriptions

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