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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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
- 12 Apr 2024:
Australian News Channel Pty Ltd v Isentia Pty Limited [2024] FCA 363
COPYRIGHT - statutory construction - section 183(1) of the Copyright Act 1968 (Cth) - meaning of "for the services of the Commonwealth or State" - whether provision of media monitoring services to government clients within s 183(1) - application dismissed
Judge: Burley J - 19 Mar 2024:
Chou v Metstech Pty Ltd (Costs) [2024] FCAFC 39
COSTS - whether costs should follow the event - where respondents successful in substance but primary judge's declarations were amended in the interests of clarity
Judge: Yates, Downes and Jackman JJ - 14 Mar 2024:
Roadshow Films Pty Ltd v Telstra Limited [2024] FCA 246
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 - 5 Mar 2024:
University of New England v Boerner [2024] FCA 191
PRACTICE AND PROCEDURE -- service out of the jurisdiction - service in Denmark - substituted service - where the prospective applicant seeks preliminary discovery - where the prospective applicant sought to join a second prospective respondent located in Denmark, and to serve documents in Denmark via substituted service - where the proposed second …
Judge: Wheelahan J - 4 Mar 2024:
Microsoft Corporation v CPL Notting Hill Pty Ltd [2024] FCAFC 20
APPEAL AND NEW TRIAL - proceeding brought by appellants against respondents for (inter alia) alleged infringement of copyright in computer programs - whether appellants were denied procedural fairness as a consequence of primary judge disallowing questions in cross-examination or otherwise curtailing cross-examination of respondents' witnesses -…
Judge: Nicholas, Rofe and Jackman JJ - 22 Dec 2023:
Chou v Metstech Pty Limited [2023] FCAFC 205
COPYRIGHT - appeal and cross-appeals - whether primary judge erred in making a declaration as to copyright subsistence and ownership and an order for delivery up - whether the plaintiffs in the proceeding below failed to join a necessary party - whether the declaration made is an order in rem - where no objection to the making or the form of the…
Judge: Yates, Downes and Jackman JJ - 8 Dec 2023:
Court House Capital Pty Ltd v RP Data Pty Limited [2023] FCAFC 192
COSTS - appeal from costs order against third party litigation funder - where funding agreement did not indemnify against adverse costs orders - where successful party did not apply for security for costs in principal proceedings - where funder appeals exercise of discretion to award non-party costs order on basis of limited connection to…
Judge: Charlesworth, Sarah C Derrington and Raper JJ - 1 Dec 2023:
The Pokemon Company International, Inc v Pokemon Pty Ltd (No 2) [2023] FCA 1507
PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) - where application and supporting material not yet served on third respondent - whether hearing of application should proceed
Judge: Yates J - 24 Nov 2023:
The Epoch Holding Group Pty Ltd v Katz [2023] 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) [2023] 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
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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.