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)

• 12 Apr 2024: Australian News Channel Pty Ltd v Isentia Pty Limited [2024] FCA 363
  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) - application dismissed
  Judge: Burley J
• 19 Mar 2024: Chou v Metstech Pty Ltd (Costs) [2024] FCAFC 39
  COSTS - whether costs should follow the event - where respondents successful in substance but primary judge's declarations were amended in the interests of clarity
  Judge: Yates, Downes and Jackman JJ
• 14 Mar 2024: Roadshow Films Pty Ltd v Telstra Limited [2024] FCA 246
  COPYRIGHT - whether site blocking orders should be made under s 115A of the Copyright Act 1968 (Cth) Held: site blocking and related orders made
  Judge: Nicholas J
• 5 Mar 2024: University of New England v Boerner [2024] FCA 191
  PRACTICE AND PROCEDURE -- service out of the jurisdiction - service in Denmark - substituted service - where the prospective applicant seeks preliminary discovery - where the prospective applicant sought to join a second prospective respondent located in Denmark, and to serve documents in Denmark via substituted service - where the proposed second …
  Judge: Wheelahan J
• 4 Mar 2024: Microsoft Corporation v CPL Notting Hill Pty Ltd [2024] FCAFC 20
  APPEAL AND NEW TRIAL - proceeding brought by appellants against respondents for (inter alia) alleged infringement of copyright in computer programs - whether appellants were denied procedural fairness as a consequence of primary judge disallowing questions in cross-examination or otherwise curtailing cross-examination of respondents' witnesses -…
  Judge: Nicholas, Rofe and Jackman JJ
• 22 Dec 2023: Chou v Metstech Pty Limited [2023] FCAFC 205
  COPYRIGHT - appeal and cross-appeals - whether primary judge erred in making a declaration as to copyright subsistence and ownership and an order for delivery up - whether the plaintiffs in the proceeding below failed to join a necessary party - whether the declaration made is an order in rem - where no objection to the making or the form of the…
  Judge: Yates, Downes and Jackman JJ
• 8 Dec 2023: Court House Capital Pty Ltd v RP Data Pty Limited [2023] FCAFC 192
  COSTS - appeal from costs order against third party litigation funder - where funding agreement did not indemnify against adverse costs orders - where successful party did not apply for security for costs in principal proceedings - where funder appeals exercise of discretion to award non-party costs order on basis of limited connection to…
  Judge: Charlesworth, Sarah C Derrington and Raper JJ
• 1 Dec 2023: The Pokemon Company International, Inc v Pokemon Pty Ltd (No 2) [2023] FCA 1507
  PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) - where application and supporting material not yet served on third respondent - whether hearing of application should proceed
  Judge: Yates J
• 24 Nov 2023: The Epoch Holding Group Pty Ltd v Katz [2023] FCA 1468
  COSTS - whether costs order should be made - where, if costs order made, whether costs should be payable forthwith following the dismissal of an interlocutory application - where the application concerns access to documents - where the application has been rendered otiose by reason of access to documents being provided without final determination…
  Judge: Cheeseman J
• 29 Sep 2023: Roadshow Films Pty Limited v Telstra Corporation Limited (Extension of Orders) [2023] FCA 1167
  COPYRIGHT - section 115A of the Copyright Act 1968 (Cth) - extension of injunction requiring carriage service providers to take reasonable steps to disable access to online locations infringing or facilitating infringement of copyright - joinder of additional carriage service providers - appropriate form of orders - extension granted
  Judge: Burley J