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:
- 3 Jul 2019:
Howden Australia Pty Ltd v Minetek Investments Pty Ltd  FCA 1042
COSTS - costs of the interlocutory application - whether the adjournment application increased the overall length of the hearing
Judge: Jagot J
- 21 Jun 2019:
Howden Australia Pty Ltd v Minetek Pty Ltd  FCA 981
EQUITY - interlocutory application -breach of confidence - whether the applicant has shown a sufficient likelihood of success to justify in the circumstances the preservation of the status quo pending the trial - balance of convenience - the interlocutory application, insofar as it remains undetermined, be dismissed
Judge: Jagot J
- 20 Jun 2019:
Key Logic Pty Ltd v Blue Groper Investments Pty Ltd (No 3)  FCA 926
COSTS - whether lump sum costs order should be made - whether any reason demonstrated that order should not be made - good reasons established - lump sum costs orders to be assessed by District Registrar
Judge: Derrington J
- 12 Jun 2019:
Roadshow Films Pty Limited v Telstra Corporation Limited  FCA 885
Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - whether requirements of s 115A satisfied - whether orders should be made
Judge: Nicholas J
- 6 Jun 2019:
Phonographic Performance Company of Australia Limited v Copyright Tribunal of Australia  FCAFC 95
COPYRIGHT - application for judicial review of a decision of the Copyright Tribunal of Australia made on a reference under s 154(4) of the Copyright Act 1958 (Cth) - where the first applicant sought approval of a licence scheme for the subscription television industry for the use of copyright and sound recordings owned or controlled by persons and …
Judge: Besanko, Middleton and Burley JJ
- 30 May 2019:
Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited  FCA 815
COPYRIGHT - consideration of the orders to be made arising out of publication of the primary reasons TRADE MARKS - consideration of the orders to be made arising out of publication of the primary reasons
Judge: Greenwood J
- 20 May 2019:
Qudos Mutual Limited v Infosys Limited  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)  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)  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)  FCA 513
Judge: Nicholas 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.