Copyright and Industrial Design Sub-Area
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.
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: |
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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:
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Rules: |
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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:
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Rules: |
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(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:
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Rules: |
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For further procedural and case management information you should refer to the Central Practice Note and the Intellectual Property Practice Note.
Legislation
- Copyright Act 1968 (Cth)
- Designs Act 2003 (Cth)
- Circuit Layouts Act 1989 (Cth)
- Evidence Act 1995 (Cth)
Latest Judgments
- 22 Feb 2023:
Microsoft Corporation v CPL Notting Hill Pty Ltd [2023] FCA 144
PRACTICE AND PROCEDURE - application for a stay of execution of certificates of taxation pending determination of appeal - where stay granted due in part to respondents' earlier inability to pay damages awarded - where stay granted dissolved upon delivery of judgment - where no evidence of improved financial circumstances - application granted.
Judge: Burley J - 21 Dec 2022:
The Pokemon Company International, Inc v Pokemon Pty Ltd [2022] FCA 1561
PRACTICE AND PROCEDURE - claimed contraventions of Australian Consumer Law - application for interlocutory injunction and discovery orders - s 232 Australian Consumer Law - where applicant seeks to restrain respondents and related entities from representing licence to develop Pokemon Games or affiliation with Pokemon Company International, Inc…
Judge: Collier J - 16 Dec 2022:
Howden Australia Pty Ltd v Minetek Investments Pty Ltd (Leave to Amend) [2022] FCA 1557
PRACTICE AND PROCEDURE - application for leave to amend originating application and statement of claim - Applicants seek imposition of constructive trust as alternative remedy - whether reasonably arguable that a constructive trust can be imposed in springboard case
Judge: Perram J - 6 Dec 2022:
Roadshow Films Pty Ltd v Telstra Corporation Limited [2022] FCA 1468
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: Nicholas J - 25 Nov 2022:
Roadshow Films Pty Ltd v Telstra Corporation Limited [2022] FCA 1413
Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) in respect of "cyberlocker" known as Mixdrop - whether online location infringes or facilitates the infringement of copyright in applicants' and other copyright owners' films - whether online location has primary purpose or primary effect of infringing…
Judge: Nicholas J - 10 Oct 2022:
Howden Australia Pty Ltd v Minetek Pty Ltd (Release of Implied Undertaking) [2022] FCA 1202
PRACTICE AND PROCEDURE - where Respondents allegedly use confidential information to file patent applications - where Applicants oppose grant of patent - where same questions before Court and Registrar of Patents delegate - whether to release parties from implied undertaking - whether to stay proceeding before delegate
Judge: Perram J - 16 Aug 2022:
The Epoch Holding Group Pty Ltd v Carrodus [2022] FCA 947
PRACTICE AND PROCEDURE - where non-publication orders previously made in respect of evidence -where the evidence contains commercially sensitive information the subject of the proceedings - whether non-publication orders are necessary to prevent prejudice to the proper administration of justice - whether non-publication orders previously made…
Judge: Cheeseman J - 19 Jul 2022:
Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd (No 2) [2022] FCAFC 121
COSTS - determination of costs on appeal and first instance proceeding - application for an order that the respondents pay the appellant's costs on an indemnity basis - where offer of compromise - where no reason to depart from guiding principle for the award of indemnity costs- where not unreasonable to not accept offer of compromise High Court Special Leave Appeal status: 17 February 2023: HCA - Special leave application granted [2023] HCATrans 13
Judge: Greenwood, Cheeseman and McElwaine JJ - 6 Jul 2022:
Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112
COPYRIGHT - appeal from decision of the primary judge dismissing claims of copyright infringement, misuse of confidential information, and various breaches of contract - where primary judge upheld the claims in relation to only one of the respondents - where appellant contends that its claims should have been upheld by the primary judge against… 402 ALR 576 ; 167 IPR 411 High Court Special Leave Appeal status: 17 February 2023: HCA - Special Leave application granted [2023] HCATrans 13
Judge: Greenwood, Cheeseman and McElwaine JJ - 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
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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.