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)

• 15 Jul 2025: Bickford’s Australia Pty Ltd v Trink Tank Pty Ltd (No 2) [2025] FCA 839
  COSTS — where respondent reserved the right to make further submissions on costs depending on the decision of its interlocutory application — where Court heard further argument on costs — whether orders previously made should be set aside — costs orders confirmed — interlocutory application dismissed
  Judge: O'SULLIVAN J
• 7 Jul 2025: Aristocrat Technologies Australia Pty Limited v Light & Wonder, Inc. (No 3) [2025] FCA 775
  PRACTICE AND PROCEDURE – r 30.01 of the Federal Court Rules 2011 (Cth) – whether appropriate to make orders for separate determination of issues of liability and quantum – where close relationship between pecuniary and non-pecuniary relief sought – where separation of issues not suitable to nature of relief sought – where hearing to be conducted…
  Judge: BURLEY J
• 9 Jul 2025: Roadshow Films Pty Limited v Telstra Limited [2025] FCA 744
  INTELLECTUAL PROPERTY – copyright – application for injunction under s 115A of the Copyright Act 1968 (Cth) – whether site blocking orders should be made against carriage service providers – whether online locations outside of Australia infringed, or facilitated the infringement of, copyright works – application granted
  Judge: YOUNAN J
• 24 Jun 2025: Bickford’s Australia Pty Ltd v Trink Tank Pty Ltd [2025] FCA 683
  PRACTICE AND PROCEDURE — where two interlocutory applications before the Court — one interlocutory application seeking order pursuant to s 32AC of the Federal Court of Australia Act 1976 (Cth) — one interlocutory application seeking orders setting aside the originating application in this Court pursuant to r 13.01(1)(a) of the Federal Court Rules…
  Judge: O'SULLIVAN J
• 29 Apr 2025: Theo v Edwards [2025] FCA 605
  PRACTICE AND PROCEDURE – interim application for review of decision of judicial registrar – application designed, prima facie, to vex or harass – failure to attend a case management hearing – oral application made for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – whether respondent in default – review application dismissed…
  Judge: DERRINGTON J
• 14 May 2025: EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd (No 2) [2025] FCA 476
  PRACTICE AND PROCEDURE – application by party to vary default judgment – Federal Court Rules 2011 (Cth) r 39.05
  Judge: BURLEY J
• 16 Apr 2025: University of New England v Boerner (Costs Review) [2025] FCA 368
  COSTS – review of Registrar’s decision to order costs against prospective respondents – where prospective applicant was substantially successful in application for preliminary discovery – whether approach taken by either respondent was adversarial
  Judge: HESPE J
• 10 Apr 2025: Australian News Channel Pty Ltd v Isentia Pty Limited [2025] FCAFC 49
  COPYRIGHT – statutory construction – section 183(1) of the Copyright Act 1968 (Cth) – meaning of “for the services of the Commonwealth or State” – whether provision of media monitoring services to government clients within s 183(1) – appeal dismissed
  Judge: CHEESEMAN, JACKMAN AND OWENS JJ
• 8 Apr 2025: Rock Solid Industries International (Pty) Ltd v Ozi 4X4 Pty Ltd [2025] FCA 334
  DAMAGES – assessment of damages for infringement of registered designs – where default judgment was entered against respondent granting injunctive and declaratory relief – where applicant sought damages to reputation and additional damages – assessment of considerations relevant to award of damages – damages granted
  Judge: ANDERSON J
• 8 Apr 2025: EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd [2025] FCA 328
  COPYRIGHT – default judgment – applicants failure to appear – claim for wrongful threats of copyright infringement – consideration of Federal Court Rules 2011 (Cth) (FCR) r 5.23(1) – default judgment granted – claim dismissed COPYRIGHT – default judgment – cross-respondents failure to appear – cross-claim for copyright infringement, breach of…
  Judge: BURLEY J