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:
- 19 Dec 2018:
Hyperbaric Health International Pty Ltd v Healing Chambers of Australia Pty Ltd  FCA 2082
Judge: Nicholas J
- 18 Dec 2018:
The Dempsey Group Pty Ltd v Spotlight Pty Ltd  FCA 2016
COPYRIGHT - alleged infringement under ss 36(1), 37 and 38 of the Copyright Act 1968 (Cth) - where applicant and respondent retail bed linen products designed in-house - where copyright claimed in three artistic works comprising surface design of bed linen products - where applicant and respondent commissioned same third party to manufacture bed…
Judge: Davies J
- 26 Nov 2018:
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd  FCA 1839
PATENTS - where first applicant is the registered owner of a patent titled the Core Sample Orientation (the Patent) - where second applicant is the exclusive licensee of the Patent - consideration of the person skilled in the art - consideration of the field of the invention - consideration of the common general knowledge PATENTS - whether…
Judge: Besanko J
- 14 Nov 2018:
Chhabra v McPherson as Trustee for the McPherson Practice Trust  FCA 1755
COPYRIGHT- infringement - co-ownership of copyright - copyright licence - whether licence by one co-owner granted with other co-owner’s consent - whether bare or contractual licence -whether licence revocable at will CONSUMER LAW - passing off - misleading or deceptive conduct - misleading or false representation of association - whether use of…
Judge: Yates J
- 2 Nov 2018:
Prodata Solutions Pty Ltd v South Australian Fire and Emergency Services Commission  FCA 1665
PRACTICE AND PROCEDURE - security for costs sought by two respondents from corporate applicant - applicant voluntarily providing security in significant amounts by way of irrevocable bank guarantees - whether additional security should be ordered - whether there is reason to believe the applicant will be unable to pay the costs of the respondents…
Judge: Charlesworth J
- 11 Oct 2018:
Aristocrat Technologies Australia Pty Limited v Ainsworth Game Technology Limited  FCA 1511
PRACTICE AND PROCEDURE - application for preliminary discovery - r 7.23 of the Federal Court Rules 2011 (Cth)
Judge: Yates J
- 9 Oct 2018:
AAP Industries Pty Limited v Han's Pipe Fittings Co Ltd  FCA 1505
PRACTICE AND PROCEDURE - discovery - order for standard discovery - whether respondents had complied with that order - whether order should be made for more extensive or particular discovery
Judge: Robertson J
- 26 Sep 2018:
CPL Notting Hill Pty Ltd v Microsoft Corporation  FCA 1473
PRACTICE AND PROCEDURE - urgent interim injunction sought by appellants seeking stay of enforcement orders made by Federal Circuit Court of Australia - where decision has been appealed in Federal Court but not yet returnable before a Federal Court judge - where Federal Circuit Court judge did not provide written reasons within the period of the…
Judge: O'Callaghan J
- 20 Sep 2018:
Television Broadcasts Limited v Telstra Corporation Limited  FCA 1434
COPYRIGHT - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - online locations from which files used to facilitate operation of online streaming of pre-recorded and live television content previously broadcast on free-to-air channels in Hong Kong - where broadcasts per se not the subject of copyright - where… 134 IPR 296
Judge: Nicholas J
- 10 Aug 2018:
iNova Pharmaceuticals (Australia) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd  FCA 1209
INTELLECTUAL PROPERTY - application for interlocutory injunctive relief - where applicant asserts that respondent engaged in misleading or deceptive conduct by advertising representations - where respondent launched advertising campaign allegedly representing that respondent's product provides up to four hours of relief, lasts longer than…
Judge: Bromwich 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.