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:
- 12 Jan 2018:
Boomerang Investments Pty Ltd v Padgett  FCA 4
PRACTICE AND PROCEDURE - application for leave to serve originating application and amended statement of claim outside jurisdiction
Judge: Perram J
- 22 Dec 2017:
AAP Industries Pty Ltd v Han's Pipe Fittings Co Ltd  FCA 1619
PRACTICE AND PROCEDURE - application for leave to serve originating application outside jurisdiction - application for anti-anti-suit injunction
Judge: Perram J
- 21 Dec 2017:
BCI Technology Pty Ltd v Myers  FCA 1600
PRACTICE AND PROCEDURE - applications for discovery and production by applicant and respondent under rr 20.16 and 20.32 of the Federal Court Rules 2011 (Cth) - where proceeding concerns copyright infringement and confidentiality breach - whether confidentiality orders should apply to discovered documents - where respondent is self-represented -…
Judge: Reeves J
- 19 Dec 2017:
Pokémon Company International, Inc. v Redbubble Ltd  FCA 1541
INTELLECTUAL PROPERTY -infringement of an artistic work - requirement of original artistic work - presumption of ownership - authorisation of infringement - fair dealing - parody or satire - unauthorised reproduction - declaratory relief CONSUMER LAW - misleading and deceptive conduct -representation of sponsorship, approval or affiliation -…
Judge: Pagone J
- 12 Dec 2017:
Concrete Mining Structures Pty Ltd v Cellcrete Australia Pty Ltd (No 3)  FCA 1483
PRACTICE AND PROCEDURE - application for summary judgment - whether cross-claimant has no reasonable prospect of successfully prosecuting the proceeding - whether there is any practical utility in continuing the proceeding - whether proceeding, if continued, would be properly constituted - whether cross-claimant has standing - application granted
Judge: Burley J
- 4 Dec 2017:
Ferdinands v The State of South Australia (No 2)  FCA 1436
BANKRUPTCY AND INSOLVENCY - application for summary judgment on the ground that the applicant does not have standing to sue in respect of claims founded in copyright - applicant a discharged bankrupt - whether moral rights under Copyright Act 1968 (Cth) vested in applicant's former trustee in bankruptcy -- whether chose in action founded in…
Judge: Charlesworth J
- 30 Nov 2017:
Generate Group Pty Ltd v Sea-Tech Automation Pty Ltd  FCA 1261
PRIVILEGE - legal professional privilege - application for an order to the effect that certain documents not protected by legal professional privilege - inspection of documents by the Court - application refused
Judge: Gleeson J
- 24 Nov 2017:
CPL Notting Hill Pty Ltd v Microsoft Corporation  FCA 1385
PRACTICE AND PROCEDURE - application for leave to appeal from interlocutory orders of the Federal Circuit Court of Australia - impugned orders were, first, ordering verified discovery; second, dismissing the applicants' application seeking compliance by the respondents with an order made in the Federal Circuit Court on 7 September 2016; and third, …
Judge: Robertson J
- 17 Nov 2017:
Cruz Industries Pty Ltd v Sunny Girl Pty Ltd  FCA 1343
PRACTICE AND PROCEDURE - application by respondent for security for costs - whether reason to believe that applicant company will be unable to pay respondent's costs if so ordered - where delay in applying for security for costs
Judge: Robertson J
- 26 Oct 2017:
National Building Suppliers Group Pty Ltd v Mitre 10 Australia Pty Ltd  FCA 1262
PRACTICE AND PROCEDURE - application for leave to file further amended statement of claim - application to join non-parties to proceeding and for interlocutory relief against proposed new parties - application for procedural orders against existing parties
Judge: O'Callaghan 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.