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)

• 9 May 2022: GME Pty Ltd v Uniden Australia Pty Ltd [2022] FCA 520
  INTELLECTUAL PROPERTY - registered designs - threatened infringement of applicant's registered design for a microphone - consideration of factors relevant - consideration of the prior art base - whether respondent's product is substantially similar in overall impression to the registered design - infringement established
  Judge: Burley J
• 20 Apr 2022: State of Escape Accessories Pty Limited v Schwartz [2022] FCAFC 63
  COPYRIGHT - carry-all bag designed by director of appellant - whether copyright subsists in carry-all bag as a work of artistic craftsmanship - meaning of "work of artistic craftsmanship" - relevance of functionality and aesthetics - consideration of the extent to which any artistic expression in the form of the carry-all bag is constrained by…
  Judge: Greenwood, Nicholas and Anderson JJ
• 8 Apr 2022: State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd [2022] FCAFC 57
  INTELLECTUAL PROPERTY -- copyright and trademark infringement, statutory and tortious claims arising from use of statue in gender equality campaign -- where primary judge correctly found that statue had broader reputation in Australia distinct from original use by American financial institution -- where primary judge erred by ordering permanent…
  Judge: Jagot, Burley and Rofe JJ
• 23 Mar 2022: Directed Electronics OE Pty Ltd v Isuzu Australia Limited [2022] FCA 254
  PRACTICE AND PROCEDURE - abuse of process - application for dismissal or permanent stay of proceedings - where there are existing proceedings in this Court between the applicant and cross-respondents - where respondent not party to first proceedings - where both sets of proceedings arise from the same factual circumstances - extent of overlap…
  Judge: Rofe J
• 22 Feb 2022: Roadshow Films Pty Ltd v Telstra Corporation Limited [2022] FCA 134
  Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - whether orders should be made Held: site blocking orders made pursuant to s 115A
  Judge: Nicholas J
• 21 Feb 2022: Rauland Australia Pty Ltd v Johnson (No 3) [2022] FCA 138
  PRACTICE AND PROCEDURE - application for delivery up and destruction of documents containing applicant's confidential information - alternatively for injunction restraining such destruction - application for costs in the proceeding - relief or delivery up and destruction sought in interlocutory application same as final relief sought - where no…
  Judge: Stewart J
• 8 Feb 2022: Key Logic Pty Ltd v Sun-Wizard Holding Pty Ltd (No 2) [2022] FCA 81
  INTELLECTUAL PROPERTY - consideration of the disposition of the costs reserved for determination by the orders made in Key Logic Pty Ltd v Sun Wizard Holding Pty Ltd [2021] FCA 208
  Judge: Greenwood J
• 21 Dec 2021: Roadshow Films Pty Ltd v Telstra Corporation Limited [2021] FCA 1588
  Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - whether orders should be made - consideration of appropriate form of ancillary orders including form of order to facilitate extension of orders to cover new target online locations 164 IPR 305
  Judge: Nicholas J
• 17 Dec 2021: Shepparton Partners Collective Operations Pty Ltd v QAD Inc (No 2) [2021] FCAFC 227
  COSTS - indemnity costs - whether appeal was sufficiently meritless - whether costs unreasonably incurred - costs awarded on lump sum basis 164 IPR 417
  Judge: Greenwood, Jagot and Rofe JJ
• 10 Dec 2021: Boomerang Investments Pty Ltd v Padgett (Recusal Application) [2021] FCA 1561
  PRACTICE AND PROCEDURE - recusal application -matter bifurcated into liability trial and damages trial - where adverse credit findings made against First and Second Respondents in liability judgment - whether reasonable apprehension of bias - whether delay in bringing recusal application amounted to waiver
  Judge: Perram J