Copyright and Industrial Design Sub-Area
About this Sub-area
- 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.
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:
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:
- 9 May 2022:
GME Pty Ltd v Uniden Australia Pty Ltd  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  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  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  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  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)  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)  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  FCA 208
Judge: Greenwood J
- 21 Dec 2021:
Roadshow Films Pty Ltd v Telstra Corporation Limited  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)  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)  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
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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.