Intellectual Property
Copyright and Industrial Design Sub-Area
About this Sub-area
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.
Practice Notes
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
The NPA practice note sets out the arrangements for the management of intellectual property proceedings:
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Other practice notes which may be relevant to this NPA include:
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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:
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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:
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(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:
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For further procedural and case management information you should refer to the Central Practice Note and the Intellectual Property Practice Note.
Legislation
- Copyright Act 1968 (Cth)
- Designs Act 2003 (Cth)
- Circuit Layouts Act 1989 (Cth)
- Evidence Act 1995 (Cth)
Latest Judgments
- 1 Jul 2026:
Chapcon Building Services Pty Ltd v Spectrum Homes Qld Pty Ltd (No 2) [2026] FCA 888
PRACTICE AND PROCEDURE – proceedings commenced in 2023 – doubt expressed in prior judgment about ownership of copyright – statement of claim amended on 20 April 2023, 6 November 2023, 29 April 2025 and 14 May 2026 but no amendment to allegations relating to ownership of copyright – late joinder of second applicant caused trial dates to be vacated…
Judge: DOWNES J - 25 Jun 2026:
EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd (No 4) [2026] FCA 805
PRACTICE AND PROCEDURE – rule 39.05(a) of the Federal Court Rules 2011 (Cth) – application to set aside default judgment – where applicant failed to file a Notice of address for service after his solicitors ceased acting for him – where applicant has no satisfactory explanation for failure to do so – where applicant aware of proceedings and…
Judge: BURLEY J - 23 Jun 2026:
Comino v Watson Webb Pty Ltd (Costs) [2026] FCAFC 88
COSTS – whether single costs order should be made for three proceedings – whether an issue-by-issue approach to costs appropriate – whether costs order by primary judge should be set aside or varied – whether costs should be assessed on a lump-sum basis
Judge: MOSHINSKY, DOWNES AND OWENS JJ - 4 Jun 2026:
Byrnecut Australia Pty Ltd v Develop Global Ltd [2026] FCA 738
PRACTICE AND PROCEDURE – application to strike out various paragraphs of the Amended Statement of Claim – whether information claimed to be confidential is identified with sufficient specificity – whether lack of specificity can be remedied by identifying information which is not claimed to be confidential – strike out allowed in part –…
Judge: JACKMAN J - 26 May 2026:
McCallum v Projector Films Pty Ltd (Liability Orders) [2026] FCA 653
COPYRIGHT – where liability judgment delivered - form of declaratory relief in relation to infringements of moral rights – form of order regarding form of credits appearing in documentary – Court’s power to make orders in relation to an infringement of moral rights under s 195AZA of the Copyright Act 1968 (Cth) – necessity of orders for the…
Judge: SHARIFF J - 21 May 2026:
Comino v Watson Webb Pty Ltd [2026] FCAFC 66
INTELLECTUAL PROPERTY – confidential information – challenge to finding that entire design drawing constituted confidential information – where contended that confidential information in drawing was owned by both parties by reason of finding of joint ownership of design – challenge to finding of obligation of confidence in circumstances where…
Judge: MOSHINSKY, DOWNES AND OWENS JJ - 15 May 2026:
Lu v Gong [2026] FCA 612
PRACTICE AND PROCEDURE – application for deemed or substituted service of fourth cross-respondent who resides in China
Judge: O'BRYAN J - 10 Mar 2026:
Bodum AG v H.A.G Import Corpn (Australia) Pty Ltd [2026] FCA 238
INTELLECTUAL PROPERTY – application for injunctive relief for breaches of ss 18, 29(1)(a), (g) and (h) of the Competition and Consumer Act 2010 (Cth), Sch 2 (Australian Consumer Law) and passing off CONSUMER LAW – misleading or deceptive conduct – passing off – use of the shape and design features of the applicants’ double walled glasses but where …
Judge: RAPER J - 27 Feb 2026:
McCallum v Projector Films Pty Ltd (Liability Hearing) [2026] FCA 173
COPYRIGHT – claim for infringement of moral rights under Part IX of the Copyright Act 1968 (Cth) – dispute over which of one or each of two persons is to be attributed and credited as the “principal director” of a documentary film – right of attribution of authorship and right against false attribution – meaning of the words “director” and…
Judge: SHARIFF J - 25 Nov 2025:
Universal City Studios LLC v Telstra Limited (No 2) [2025] FCA 1485
COPYRIGHT – application for orders disabling access to new means of access to certain target online locations (Additional Urgent Access Means) – where site blocking and ancillary orders previously made with respect to target online locations under s 115A of the Copyright Act 1968 (Cth) – where target online locations subsequently made available…
Judge: HALLEY J
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