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:
- 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
- 3 Apr 2019:
Chhabra v McPherson as Trustee for the McPherson Practice Trust (No 2)  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)  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  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  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  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)  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
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
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.