Copyright and Industrial Design Sub-Area NPA logo with link NPA logo with link

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.

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:

Forms:
Rules:

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:

Forms:
  • Form 94 - Originating application for determination of equitable remuneration under section 20(2) of the Circuits Layouts Act 1989
Rules:

(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:

Forms:
  • Form 95 – Originating application for determination of the terms of the doing of an act under section 25(4) of the Circuits Layouts Act 1989
Rules:

For further procedural and case management information you should refer to the Central Practice Note and the Intellectual Property Practice Note.

Latest Judgments

  • 2 Aug 2021: BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (No 3) [2021] FCA 884
    PRACTICE AND PROCEDURE - application to extend time for prospective respondents to comply with preliminary discovery orders made pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) - application to clarify scope of preliminary discovery orders - whether discovery that has been given is sufficient - whether the prospective respondents' list of …
    Judge: Yates J
  • 22 Jul 2021: Howden Australia Pty Ltd v Minetek Pty Ltd (Implied Undertaking and Forensic Images) [2021] FCA 838
    PRACTICE AND PROCEDURE - application by Respondents for production of forensic images and release from implied undertaking - where Respondents not in possession of images
    Judge: Perram J
  • 19 Jul 2021: Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2021] FCA 809
    COPYRIGHT - alleged infringement of copyright in a cloud-based real estate marketing software - whether copyright subsisted in the source code, database, database tables, menu and PDF files of the software - whether the applicant owned the copyright - whether respondents infringed copyright - held the third respondent infringed copyright in some…
    Judge: Thawley J
  • 2 Jul 2021: Brass Homes Pty Limited v Macasa Homes Pty Limited [2021] FCA 746
    PRACTICE AND PROCEDURE - security for costs - where orders for security made by consent in respect of respondents' costs up to close of evidence - whether order for further security should be made prior to close of evidence on basis that the respondents' costs are in excess of what was anticipated at the time the consent orders were made -…
    Judge: Nicholas J
  • 2 Jul 2021: Verix Pty Ltd v Williams [2021] FCA 748
    CORPORATIONS - former employee - preparatory steps to establish competitive business - duties and obligations to employer - employment contract - implied duties of good faith and fidelity - fiduciary duties - duties under ss 182 and 183 of Corporations Act 2001 (Cth) - duties of confidence - confidential information - misuse of information -…
    Judge: Beach J
  • 8 Jun 2021: QAD Inc v Shepparton Partners Collective Operations Pty Ltd [2021] FCA 615
    INTELLECTUAL PROPERTY - infringement of copyright in enterprise resource planning software by new business owner - licensor of software required fee as condition of consent to transfer licence agreement to new business owner - fee not paid - whether implied licence to use software - applicants gave respondent permission to use software whilst… 159 IPR 285
    Judge: Thawley J
  • 30 Apr 2021: Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434
    COPYRIGHT - Infringement - musical work and literary work constituted by a famous rock song used in multi-media advertisements for a political party in an election campaign - where no issue that each work was an original work and applicants were respectively licensor and owner of the copyright in each work, whether copyright in each was infringed… 158 IPR 421
    Judge: Katzmann J
  • 21 Apr 2021: Boomerang Investments Pty Ltd v Padgett (Costs of the Liability Phase) [2021] FCA 385
    COSTS - where Applicants partially successful at trial - whether to adopt an issue-by-issue, party-by-party or global approach to question of costs - whether costs to be determined on a party and party or indemnity basis - appropriate measure of discounts
    Judge: Perram J
  • 13 Apr 2021: BCI Media Group Pty Ltd v Corelogic Australia Pty Ltd (No 2) [2021] FCA 382
    PRACTICE AND PROCEDURE - application to set aside orders made pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) requiring Prospective Respondents to make preliminary discovery - Prospective Applicant commenced substantive proceedings before the Prospective Respondents complied fully with the preliminary discovery orders - application…
    Judge: White J
  • 25 Mar 2021: Gardner Industries Pty Ltd as trustee for the S M Gardner Family Trust v Telstra Corporation Limited [2021] FCA 294
    COPYRIGHT - consideration of an application under s 115A of the Copyright Act 1968 (Cth) for orders requiring the respondent carriage service providers to take steps to disable access to online locations outside Australia 157 IPR 456
    Judge: Greenwood 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.

NPA Judges

National Coordinating Judges:

  • Greenwood J
  • Nicholas J
  • Yates J
  • Burley J
NPA Judges

Urgent Applications