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

  • 3 Aug 2018: Maggie Sottero Designs LLC v Loner [2018] FCA 1151
    PRACTICE AND PROCEDURE – application for default judgment – whether final injunction should be granted – whether indemnity costs should be awarded
    Judge: Nicholas J
  • 19 Jul 2018: Blow Bar Co Pty Limited v McGann (No 4) [2018] FCA 1072
    COSTS – where partially successful interlocutory application by respondents, including a further successful application to strike out certain paragraphs of the amended statement of claim – whether costs should be payable forthwith
    Judge: Robertson J
  • 2 Jul 2018: Blow Bar Co Pty Limited v McGann (No 3) [2018] FCA 980
    PRACTICE AND PROCEDURE - interlocutory application for summary judgment in respect of the following causes of action: passing off; misleading and deceptive conduct; unconscionable conduct and breach of a confidentiality agreement - in the alternative, interlocutory application to strike out paragraphs of the amended statement of claim on the basis …
    Judge: Robertson J
  • 26 Jun 2018: Carlisle Homes Pty Ltd v Tick Homes Pty Ltd [2018] FCA 973
    COPYRIGHT - application for an interlocutory injunction restraining reproduction and sale of house plans and building houses in accordance with the plans - allegation of copying house plans in infringement of copyright in the plans - prima facie case established - damages an adequate remedy - balance of convenience against grant of interlocutory…
    Judge: Murphy J
  • 19 Jun 2018: Foxtel Management Pty Ltd v TPG Internet Pty Ltd [2018] FCA 933
    Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - whether requirements of s 115A satisfied - whether orders should be made
    Judge: Nicholas J
  • 27 Apr 2018: Roadshow Films Pty Limited v Telstra Corporation Limited [2018] FCA 582
    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 service may be downloaded - whether requirements of s 115A satisfied - whether orders should be made 132 IPR 1
    Judge: Nicholas J
  • 23 Apr 2018: Re.Group Pty Ltd v Kazal (No 5) [2018] FCA 546
    CONTEMPT OF COURT - sentencing - whether civil or criminal contempt - whether contemnor's contempt was contumacious - whether fine or custodial sentence appropriate - whether assessment of fine should account for indemnity costs order - where respondent found guilty of three charges of breaching court order - where charges particularised to…
    Judge: Perram J
  • 12 Apr 2018: Generate Group Pty Ltd v Sea-Tech Automation Pty Ltd [2018] FCA 482
    COSTS - application for costs of interlocutory application - whether costs should be awarded as a lump sum - whether costs should be made payable forthwith
    Judge: Gleeson J
  • 6 Apr 2018: Blow Bar Co Pty Limited v McGann (No 2) [2018] FCA 459
    COSTS - successful application by respondents to strike out certain paragraphs of the statement of claim - whether costs should be ordered on an indemnity basis
    Judge: Robertson J
  • 3 Apr 2018: Career Step, LLC v TalentMed Pty Ltd (No 3) [2018] FCA 411
    COSTS - determination of separate question - applicant's mixed success - whether costs should be reserved - whether apportionment appropriate - whether applicant's costs should be taxed and paid immediately - whether the amount paid by the applicant as security for costs should be returned to the applicant PRACTICE AND PROCEDURE - whether an order …
    Judge: Robertson 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.