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

  • 12 Jan 2018: Boomerang Investments Pty Ltd v Padgett [2018] 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 [2017] 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 [2017] 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 [2017] 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) [2017] 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) [2017] 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 [2017] 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 [2017] 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 [2017] 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 [2017] 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.