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)

• 24 Jul 2020: Hardingham v RP Data Pty Limited [2020] FCA 1062
  PRACTICE AND PROCEDURE -security for costs of appeal - where appellants accept they are impecunious - whether grounds of appeal are reasonably arguable - whether granting security would stultify the appeal - whether granting security would be oppressive - applications dismissed
  Judge: Burley J
• 26 Jun 2020: Siemens Industry Software Inc v Telstra Corporation Limited [2020] FCA 901
  PRACTICE AND PROCEDURE - application for preliminary discovery to ascertain description of prospective respondents pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) - legal test to be applied - prospective copyright infringement - privacy issues - application granted
  Judge: Burley J
• 25 Jun 2020: Boomerang Investments Pty Ltd v Padgett (Reasons Revision Application) [2020] FCA 882
  PRACTICE AND PROCEDURE - application to revise reasons for judgment before orders entered - re-opening application
  Judge: Perram J
• 10 Jun 2020: Hardingham v RP Data Pty Limited (No 3) [2020] FCA 868
  Judge: Thawley J
• 4 Jun 2020: Roadshow Films Pty Limited v Telstra Corporation Limited (No 2) [2020] FCA 769
  PRACTICE AND PROCEDURE - site blocking application pursuant to s 115A of the Copyright Act 1968 (Cth) - form of final orders
  Judge: Burley J
• 24 Apr 2020: Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535
  COPYRIGHT - musical works - identification of copyright work - whether sound of lyrics as sung forms part of musical work - 'love is in the air' as both lyric carrying meaning and phonetic instruction to vocalist - objective similarity between copyright work and allegedly infringing works - consideration of ordinary, reasonably experienced…
  Judge: Perram J
• 22 Apr 2020: JWR Productions Australia Pty Ltd v Duncan-Watt (No 3) [2020] FCA 528
  COSTS - application for indemnity costs on the basis of a Notice of Offer to Compromise issued under r 25.01(1) of the Federal Court Rules 2011 (Cth) - where refusal of offer was unreasonable - indemnity costs awarded COSTS - application for indemnity costs on the basis of s 43 of the Federal Court of Australia Act 1976 (Cth) and s 40 of the…
  Judge: Thawley J
• 21 Apr 2020: Rauland Australia Pty Ltd v Law [2020] FCA 516
  PRACTICE AND PROCEDURE - application for leave to issue a subpoena and serve it in New Zealand - whether to grant leave to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act 2010 (Cth) - applicable test - apparent relevance and significance of the documents sought - too tenuous - leave refused
  Judge: Stewart J
• 20 Apr 2020: Roadshow Films Pty Limited v Telstra Corporation Limited [2020] FCA 507
  COPYRIGHT - section 115A of the Copyright Act 1968 (Cth) - whether injunction should be granted requiring carriage service providers to take reasonable steps to disable access to online locations infringing or facilitating infringement of copyright - appropriate form of orders - injunction granted 151 IPR 449
  Judge: Burley J
• 19 Mar 2020: Carroll & Richardson - Flagworld Pty Ltd v PayPal Australia Pty Limited [2020] FCA 371
  PRACTICE AND PROCEDURE - application for preliminary discovery pursuant to Federal Court Rules 2011 (Cth) r 7.22
  Judge: Murphy J