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)

• 29 Sep 2023: Roadshow Films Pty Limited v Telstra Corporation Limited (Extension of Orders) [2023] FCA 1167
  COPYRIGHT - section 115A of the Copyright Act 1968 (Cth) - extension of injunction requiring carriage service providers to take reasonable steps to disable access to online locations infringing or facilitating infringement of copyright - joinder of additional carriage service providers - appropriate form of orders - extension granted
  Judge: Burley J
• 6 Sep 2023: Directed Electronics OE Pty Ltd v Gridtraq Australia Pty Ltd [2023] FCAFC 149
  PRACTICE AND PROCEDURE - appeal from decision of trial judge in proceedings where former employees colluded with suppliers to misappropriate Appellant's business - whether trial judge erred in dismissing proceedings against Respondents - where Appellant submitted that findings made against Respondents sufficient to constitute copyright…
  Judge: Perram, Downes and Button JJ
• 28 Jul 2023: Chapcon Building Services Pty Ltd v Spectrum Homes Qld Pty Ltd [2023] FCA 873
  COPYRIGHT - statement of claim alleged that director of company caused, authorised, directed or procured company to engage in conduct alleged to infringe copyright in plans - no material facts pleaded to support conclusion - no evidence adduced on summary judgment application to demonstrate any foundation exists to make allegation - uncontested…
  Judge: Downes J
• 26 Jul 2023: Alzheimer's Association of Queensland Inc v Nabelsy [2023] FCA 851
  PRACTICE AND PROCEDURE - inspection of personal computer - balancing considerations - intrusive orders sought - speculative case - undertakings offered - application dismissed. PRACTICE AND PROCEDURE - application pursuant to r 8.21 of the Federal Court Rules 2011 (Cth) to file and serve further amended originating application - application…
  Judge: Burley J
• 7 Jul 2023: Roadshow Films Pty Limited v Telstra Limited [2023] FCA 777
  INTELLECTUAL PROPERTY - Copyright - application for injunction under s 115A of the Copyright Act 1968 (Cth) - carriage service providers - whether online locations outside Australia infringed or facilitated the infringement of copyright works - whether online locations had the primary purpose or the primary effect of infringing or facilitating an…
  Judge: Halley J
• 26 Jun 2023: Mountain Trail Engineering Pty Ltd v Foster [2023] FCA 718
  PRACTICE AND PROCEDURE - respondents' interlocutory application to vary earlier orders - interlocutory application dismissed
  Judge: O'Callaghan J
• 16 May 2023: Hardingham v RP Data Pty Limited (Third Party Costs) [2023] FCA 480
  COSTS - application for costs order against third party litigation funder - where funded applicants brought unsuccessful proceedings - where litigation funder stood to receive financial benefit from the fruits of the litigation - cost orders made against litigation funder
  Judge: Thawley J
• 4 May 2023: Grow MF Pty Ltd v Parthy [2023] FCA 442
  PRACTICE AND PROCEDURE - interlocutory injunction - application for respondent to restore access to certain technological accounts - serious question to be tried - balance of convenience
  Judge: Rofe J
• 1 May 2023: Austin Engineering Pty Ltd v Podulova [2023] FCA 419
  PRACTICE AND PROCEDURE - intellectual property - alleged misuse of confidential and copyright information - orders sought for respondents to file and serve affidavits attesting to details of devices and networks which may contain applicant's confidential information - consideration of principles governing Norwich Pharmacal orders - orders sought…
  Judge: Jackson J
• 22 Feb 2023: Microsoft Corporation v CPL Notting Hill Pty Ltd [2023] FCA 144
  PRACTICE AND PROCEDURE - application for a stay of execution of certificates of taxation pending determination of appeal - where stay granted due in part to respondents' earlier inability to pay damages awarded - where stay granted dissolved upon delivery of judgment - where no evidence of improved financial circumstances - application granted.
  Judge: Burley J