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)

• 20 May 2019: Qudos Mutual Limited v Infosys Limited [2019] FCA 702
  PRACTICE AND PROCEDURE - application for preliminary discovery - whether prospective applicant already had sufficient information under r 7.23(1)(b) of the Federal Court Rules 2011 (Cth) - application granted
  Judge: Burley J
• 17 Apr 2019: The Dempsey Group Pty Ltd v Spotlight Pty Ltd (No 3) [2019] FCA 519
  COSTS - exercise of costs discretion under s 43 of the Federal Court of Australia Act 1976 (Cth) - where applicant only partially successful at trial - where applicant's key witness lacked credibility - where respondent's pre-trial offers of settlement were for value greater than damages awarded - where damages substantially less than sought -…
  Judge: Davies J
• 12 Apr 2019: Aristocrat Technologies Australia Pty Limited v Ainsworth Game Technology Limited (No 2) [2019] FCA 511
  COSTS - contested application for preliminary discovery
  Judge: Yates J
• 4 Apr 2019: Hyperbaric Health International Pty Ltd v Healing Chambers of Australia Pty Ltd (No 2) [2019] FCA 513
  Judge: Nicholas J
• 3 Apr 2019: Chhabra v McPherson as Trustee for the McPherson Practice Trust (No 2) [2019] FCA 448
  COSTS - application by respondents for award of indemnity costs - offer of compromise made by respondents and rejected by applicants - applicants' rejection of offer unreasonable - where respondents brought and unilaterally discontinued cross-claim
  Judge: Yates J
• 22 Mar 2019: Re.Group Pty Ltd v Kazal (No 7) [2019] FCA 387
  CONTEMPT OF COURT - imposition of fine - whether counts arose from single episode of offending - where counts did not involve contumacious flouting of Court's orders
  Judge: Perram J
• 15 Mar 2019: JWR Productions Australia Pty Ltd v Duncan-Watt [2019] FCA 367
  PRIVILEGE - legal professional privilege - implied waiver - whether alleged unrestricted communications to a third party are inconsistent with the maintenance of privilege - relevance of fairness in determining whether privilege has been waived
  Judge: Perry J
• 15 Mar 2019: Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] FCA 355
  COPYRIGHT - consideration of whether copyright continues to subsist in an artistic work described as the "Membership Card image" authored by a United States citizen in the United States of America in 1954 COPYRIGHT - consideration of whether the 1954 work authored by a man by the name of "Sundown" is an anonymous work or a pseudonymous work -…
  Judge: Greenwood J
• 5 Mar 2019: Key Logic Pty Ltd v Blue Groper Investments Pty Ltd [2019] FCA 275
  COSTS - offers to compromise - offers by applicants - non-money judgment - declaratory and injunctive relief - whether judgment more favourable than offer - unreasonable maintenance of parts of claim or defence - applicants otherwise had substantial success - whether indemnity costs should be ordered in part - whether no order as to costs should…
  Judge: Derrington J
• 28 Feb 2019: The Dempsey Group Pty Ltd v Spotlight Pty Ltd (No 2) [2019] FCA 238
  COPYRIGHT - declaratory relief - applicable principles - form of declaration - damages - compensation for loss of profits - methodology for calculation - discounting for uncertainty of gross profit figures
  Judge: Davies J