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Copyright Tribunal

The Federal Circuit Court has jurisdiction to hear and determine civil copyright matters under the Copyright Act 1968, as amended by the Copyright Amendment (Parallel Importation) Act 2003. In particular, the court can deal with matters arising under Parts V, VAA, IX and section 248J of the Copyright Act 1968.

The Court also has jurisdiction in relation to Trade Mark and Design as follows:

Trade Marks

Trade Marks Act 1995

  • Appeals from decisions of the Registrar of Trade Marks  :ss 35,56, 67, 83(2), 83A(8), 84A -84D and 104)
  • Infringement actions ss 120-128 and under ss 129 and 130
  • revocation of registration under :ss 88 and 89
  • decision on whether a person has used a trade mark under s 7
  • Determining whether Trade Mark has become Generic: ss 24, 87 and 89
  • Amendment or Cancellation of Registration under ss 85 and 86
  • Application for an Order to Remove a Trade Mark Registration for Non Use : s 92(3)
  • Application for rectrification of Register by order of court under s 181
  • Variation of rules governing use of certification trade mark under s 182

Design

Designs Act 2003

  • Appeals from Decisions of the Registrar of Designs : ss 28(5), 67(4), 68(6), 50(6), 52(7) and 54(4)
  • Ability to make a determination of the entitled person during proceedings before the court under s 53
  • Infringement actions under ss 71-76
  • Applications for Relief from Unjustified Threats under ss 77-81
  • Application for Compulsory Licences under s 90-92
  • Revocation of Registration under s 93
  • For Crown use provisions, provide a determination of the term of use of a design under s 98
  • Application for a declaration by a court of any Crown use under s 101
  • Application for the cessation of Crown use of a design under s 102
  • Rectification of Register under s 120.

 

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Page Updated 12 April 2013