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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Rules: |
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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
- 15 Jul 2025:
Bickford’s Australia Pty Ltd v Trink Tank Pty Ltd (No 2) [2025] FCA 839
COSTS — where respondent reserved the right to make further submissions on costs depending on the decision of its interlocutory application — where Court heard further argument on costs — whether orders previously made should be set aside — costs orders confirmed — interlocutory application dismissed
Judge: O'SULLIVAN J - 7 Jul 2025:
Aristocrat Technologies Australia Pty Limited v Light & Wonder, Inc. (No 3) [2025] FCA 775
PRACTICE AND PROCEDURE – r 30.01 of the Federal Court Rules 2011 (Cth) – whether appropriate to make orders for separate determination of issues of liability and quantum – where close relationship between pecuniary and non-pecuniary relief sought – where separation of issues not suitable to nature of relief sought – where hearing to be conducted…
Judge: BURLEY J - 9 Jul 2025:
Roadshow Films Pty Limited v Telstra Limited [2025] FCA 744
INTELLECTUAL PROPERTY – copyright – application for injunction under s 115A of the Copyright Act 1968 (Cth) – whether site blocking orders should be made against carriage service providers – whether online locations outside of Australia infringed, or facilitated the infringement of, copyright works – application granted
Judge: YOUNAN J - 24 Jun 2025:
Bickford’s Australia Pty Ltd v Trink Tank Pty Ltd [2025] FCA 683
PRACTICE AND PROCEDURE — where two interlocutory applications before the Court — one interlocutory application seeking order pursuant to s 32AC of the Federal Court of Australia Act 1976 (Cth) — one interlocutory application seeking orders setting aside the originating application in this Court pursuant to r 13.01(1)(a) of the Federal Court Rules…
Judge: O'SULLIVAN J - 29 Apr 2025:
Theo v Edwards [2025] FCA 605
PRACTICE AND PROCEDURE – interim application for review of decision of judicial registrar – application designed, prima facie, to vex or harass – failure to attend a case management hearing – oral application made for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – whether respondent in default – review application dismissed…
Judge: DERRINGTON J - 14 May 2025:
EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd (No 2) [2025] FCA 476
PRACTICE AND PROCEDURE – application by party to vary default judgment – Federal Court Rules 2011 (Cth) r 39.05
Judge: BURLEY J - 16 Apr 2025:
University of New England v Boerner (Costs Review) [2025] FCA 368
COSTS – review of Registrar’s decision to order costs against prospective respondents – where prospective applicant was substantially successful in application for preliminary discovery – whether approach taken by either respondent was adversarial
Judge: HESPE J - 10 Apr 2025:
Australian News Channel Pty Ltd v Isentia Pty Limited [2025] FCAFC 49
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) – appeal dismissed
Judge: CHEESEMAN, JACKMAN AND OWENS JJ - 8 Apr 2025:
Rock Solid Industries International (Pty) Ltd v Ozi 4X4 Pty Ltd [2025] FCA 334
DAMAGES – assessment of damages for infringement of registered designs – where default judgment was entered against respondent granting injunctive and declaratory relief – where applicant sought damages to reputation and additional damages – assessment of considerations relevant to award of damages – damages granted
Judge: ANDERSON J - 8 Apr 2025:
EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd [2025] FCA 328
COPYRIGHT – default judgment – applicants failure to appear – claim for wrongful threats of copyright infringement – consideration of Federal Court Rules 2011 (Cth) (FCR) r 5.23(1) – default judgment granted – claim dismissed COPYRIGHT – default judgment – cross-respondents failure to appear – cross-claim for copyright infringement, breach of…
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.