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)

• 21 Dec 2022: The Pokemon Company International, Inc v Pokemon Pty Ltd [2022] FCA 1561
  PRACTICE AND PROCEDURE - claimed contraventions of Australian Consumer Law - application for interlocutory injunction and discovery orders - s 232 Australian Consumer Law - where applicant seeks to restrain respondents and related entities from representing licence to develop Pokemon Games or affiliation with Pokemon Company International, Inc…
  Judge: Collier J
• 16 Dec 2022: Howden Australia Pty Ltd v Minetek Investments Pty Ltd (Leave to Amend) [2022] FCA 1557
  PRACTICE AND PROCEDURE - application for leave to amend originating application and statement of claim - Applicants seek imposition of constructive trust as alternative remedy - whether reasonably arguable that a constructive trust can be imposed in springboard case
  Judge: Perram J
• 6 Dec 2022: Roadshow Films Pty Ltd v Telstra Corporation Limited [2022] FCA 1468
  COPYRIGHT - whether site blocking orders should be made under s 115A of the Copyright Act 1968 (Cth) Held: site blocking and related orders made
  Judge: Nicholas J
• 25 Nov 2022: Roadshow Films Pty Ltd v Telstra Corporation Limited [2022] FCA 1413
  Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) in respect of "cyberlocker" known as Mixdrop - whether online location infringes or facilitates the infringement of copyright in applicants' and other copyright owners' films - whether online location has primary purpose or primary effect of infringing…
  Judge: Nicholas J
• 10 Oct 2022: Howden Australia Pty Ltd v Minetek Pty Ltd (Release of Implied Undertaking) [2022] FCA 1202
  PRACTICE AND PROCEDURE - where Respondents allegedly use confidential information to file patent applications - where Applicants oppose grant of patent - where same questions before Court and Registrar of Patents delegate - whether to release parties from implied undertaking - whether to stay proceeding before delegate
  Judge: Perram J
• 16 Aug 2022: The Epoch Holding Group Pty Ltd v Carrodus [2022] FCA 947
  PRACTICE AND PROCEDURE - where non-publication orders previously made in respect of evidence -where the evidence contains commercially sensitive information the subject of the proceedings - whether non-publication orders are necessary to prevent prejudice to the proper administration of justice - whether non-publication orders previously made…
  Judge: Cheeseman J
• 19 Jul 2022: Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd (No 2) [2022] FCAFC 121
  COSTS - determination of costs on appeal and first instance proceeding - application for an order that the respondents pay the appellant's costs on an indemnity basis - where offer of compromise - where no reason to depart from guiding principle for the award of indemnity costs- where not unreasonable to not accept offer of compromise
  Judge: Greenwood, Cheeseman and McElwaine JJ
• 6 Jul 2022: Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2022] FCAFC 112
  COPYRIGHT - appeal from decision of the primary judge dismissing claims of copyright infringement, misuse of confidential information, and various breaches of contract - where primary judge upheld the claims in relation to only one of the respondents - where appellant contends that its claims should have been upheld by the primary judge against… 402 ALR 576 ; 167 IPR 411
  Judge: Greenwood, Cheeseman and McElwaine JJ
• 18 May 2022: GME Pty Ltd v Uniden Australia Pty Ltd (No 2) [2022] FCA 638
  PRACTICE AND PROCEDURE - form of final orders - whether delivery up and takedown orders should be made COSTS - whether respondent should pay applicant's costs of and incidental to the application for short service and the interlocutory relief
  Judge: Burley J
• 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 166 IPR 551
  Judge: Burley J