Intellectual Property
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: |
|
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: |
|
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: |
|
Rules: |
|
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
- 4 Jun 2026:
Byrnecut Australia Pty Ltd v Develop Global Ltd [2026] FCA 738
PRACTICE AND PROCEDURE – application to strike out various paragraphs of the Amended Statement of Claim – whether information claimed to be confidential is identified with sufficient specificity – whether lack of specificity can be remedied by identifying information which is not claimed to be confidential – strike out allowed in part –…
Judge: JACKMAN J - 26 May 2026:
McCallum v Projector Films Pty Ltd (Liability Orders) [2026] FCA 653
COPYRIGHT – where liability judgment delivered - form of declaratory relief in relation to infringements of moral rights – form of order regarding form of credits appearing in documentary – Court’s power to make orders in relation to an infringement of moral rights under s 195AZA of the Copyright Act 1968 (Cth) – necessity of orders for the…
Judge: SHARIFF J - 21 May 2026:
Comino v Watson Webb Pty Ltd [2026] FCAFC 66
INTELLECTUAL PROPERTY – confidential information – challenge to finding that entire design drawing constituted confidential information – where contended that confidential information in drawing was owned by both parties by reason of finding of joint ownership of design – challenge to finding of obligation of confidence in circumstances where…
Judge: MOSHINSKY, DOWNES AND OWENS JJ - 15 May 2026:
Lu v Gong [2026] FCA 612
PRACTICE AND PROCEDURE – application for deemed or substituted service of fourth cross-respondent who resides in China
Judge: O'BRYAN J - 10 Mar 2026:
Bodum AG v H.A.G Import Corpn (Australia) Pty Ltd [2026] FCA 238
INTELLECTUAL PROPERTY – application for injunctive relief for breaches of ss 18, 29(1)(a), (g) and (h) of the Competition and Consumer Act 2010 (Cth), Sch 2 (Australian Consumer Law) and passing off CONSUMER LAW – misleading or deceptive conduct – passing off – use of the shape and design features of the applicants’ double walled glasses but where …
Judge: RAPER J - 27 Feb 2026:
McCallum v Projector Films Pty Ltd (Liability Hearing) [2026] FCA 173
COPYRIGHT – claim for infringement of moral rights under Part IX of the Copyright Act 1968 (Cth) – dispute over which of one or each of two persons is to be attributed and credited as the “principal director” of a documentary film – right of attribution of authorship and right against false attribution – meaning of the words “director” and…
Judge: SHARIFF J - 25 Nov 2025:
Universal City Studios LLC v Telstra Limited (No 2) [2025] FCA 1485
COPYRIGHT – application for orders disabling access to new means of access to certain target online locations (Additional Urgent Access Means) – where site blocking and ancillary orders previously made with respect to target online locations under s 115A of the Copyright Act 1968 (Cth) – where target online locations subsequently made available…
Judge: HALLEY J - 18 Nov 2025:
Universal City Studios LLC v Telstra Limited [2025] FCA 1390
COPYRIGHT – whether site blocking and ancillary orders with respect to 52 target online locations ought to be made under s 115A of the Copyright Act 1968 (Cth) (Act) – where the applicants rely on presumptions in s 126, s 131 and s 115A(5A) of the Act and on deemed admissions as to ownership of copyright – where the applicants have complied with…
Judge: HALLEY J - 3 Nov 2025:
EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd (No 3) [2025] FCA 1348
COSTS – third-party costs application – exercise of discretion pursuant to s 43 of the Federal Court of Australia Act 1976 (Cth) (FCA Act) to award costs against a party’s solicitor – whether solicitors seen to have acted without authority from company – relevant principles – consideration of whether persons had authority to give instructions –…
Judge: BURLEY J - 24 Oct 2025:
Watson Webb Pty Ltd v Comino (No 2) [2025] FCA 1294
COSTS – application for third party costs order – where design registration named legal representative as applicant – where appeal proceeding from Designs Office named legal representative as appellant – where client had indemnified legal representatives – whether costs actually incurred in proceeding – whether client had “direct and substantial…
Judge: HALLEY J
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
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.





