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.

The NPA practice note sets out the arrangements for the management of intellectual property proceedings:

Other practice notes which may be relevant to this NPA include:

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:

For further procedural and case management information you should refer to the Central Practice Note and the Intellectual Property Practice Note.

• Copyright Act 1968 (Cth)
• Designs Act 2003 (Cth)
• Circuit Layouts Act 1989 (Cth)
• Evidence Act 1995 (Cth)

• 3 Jul 2019: Howden Australia Pty Ltd v Minetek Investments Pty Ltd [2019] FCA 1042
  COSTS - costs of the interlocutory application - whether the adjournment application increased the overall length of the hearing
  Judge: Jagot J
• 21 Jun 2019: Howden Australia Pty Ltd v Minetek Pty Ltd [2019] FCA 981
  EQUITY - interlocutory application -breach of confidence - whether the applicant has shown a sufficient likelihood of success to justify in the circumstances the preservation of the status quo pending the trial - balance of convenience - the interlocutory application, insofar as it remains undetermined, be dismissed
  Judge: Jagot J
• 20 Jun 2019: Key Logic Pty Ltd v Blue Groper Investments Pty Ltd (No 3) [2019] FCA 926
  COSTS - whether lump sum costs order should be made - whether any reason demonstrated that order should not be made - good reasons established - lump sum costs orders to be assessed by District Registrar
  Judge: Derrington J
• 12 Jun 2019: Roadshow Films Pty Limited v Telstra Corporation Limited [2019] FCA 885
  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
• 6 Jun 2019: Phonographic Performance Company of Australia Limited v Copyright Tribunal of Australia [2019] FCAFC 95
  COPYRIGHT - application for judicial review of a decision of the Copyright Tribunal of Australia made on a reference under s 154(4) of the Copyright Act 1958 (Cth) - where the first applicant sought approval of a licence scheme for the subscription television industry for the use of copyright and sound recordings owned or controlled by persons and …
  Judge: Besanko, Middleton and Burley JJ
• 30 May 2019: Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] FCA 815
  COPYRIGHT - consideration of the orders to be made arising out of publication of the primary reasons TRADE MARKS - consideration of the orders to be made arising out of publication of the primary reasons
  Judge: Greenwood J
• 20 May 2019: Qudos Mutual Limited v Infosys Limited [2019] FCA 702
  PRACTICE AND PROCEDURE - application for preliminary discovery - whether prospective applicant already had sufficient information under r 7.23(1)(b) of the Federal Court Rules 2011 (Cth) - application granted
  Judge: Burley J
• 17 Apr 2019: The Dempsey Group Pty Ltd v Spotlight Pty Ltd (No 3) [2019] FCA 519
  COSTS - exercise of costs discretion under s 43 of the Federal Court of Australia Act 1976 (Cth) - where applicant only partially successful at trial - where applicant's key witness lacked credibility - where respondent's pre-trial offers of settlement were for value greater than damages awarded - where damages substantially less than sought -…
  Judge: Davies J
• 12 Apr 2019: Aristocrat Technologies Australia Pty Limited v Ainsworth Game Technology Limited (No 2) [2019] FCA 511
  COSTS - contested application for preliminary discovery
  Judge: Yates J
• 4 Apr 2019: Hyperbaric Health International Pty Ltd v Healing Chambers of Australia Pty Ltd (No 2) [2019] FCA 513
  Judge: Nicholas J