All intellectual property (IP) matters filed in the Federal Circuit Court are docketed to and case managed by Judge Julia Baird who is based in Sydney. Her Honour will be supported by other specialist judges in the Court’s IP National Practice Area to ensure that matters will be listed and dealt with as soon as possible.
The National IP docket system will centralise IP applications that have been filed across all registries nationally. It will be supported by the use of technology such as elodgment and the use of video-links to hear matters that are not in Sydney.
Streamlining the management of these applications will ensure matters are dealt with expeditiously and consistently. It is expected that within three weeks of filing, parties will be allocated a first court date during which the judge will likely make directions around the filing of material and set an expected timetable for the conduct of the case to trial.For more details about the process refer to the Practice Direction.
The Federal Circuit Court has jurisdiction to hear and determine civil disputes concerning copyright, designs, trade marks and plant breeder’s rights as set out below.
Civil copyright matters under the Copyright Act 1968. In particular, the Court can deal with matters arising under Parts V (except s 115A), VAA, IX and section 248J of the Copyright Act 1968.
The following matters under the 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 s 120-121 (see also 122128), and under s 130
- Applications for relief from unjustified threats under s 129
- Decision on whether a person has used a trade mark under s 7
- Determining whether a trade mark has become generic: ss 24, 87 and 89
- Amendment or cancellation of registration under ss 85 and 86
- Revocation of registration by amendment or cancellation or entering a condition or limitation under ss 88 and 89
- Application for an order to remove a trade mark registration for non-use: s 92(3), and on referral to the Court by the Registrar under s 94
- Application for rectification of the Register by order of the Court under s 181
- Variation of rules governing use of certification trade mark under s 182
The following the matters under the 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 ss 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 the Register under s 120
Plant Breeder’s Rights
The Court has jurisdiction in respect of alleged infringements under the Plant Breeder’s Right Act 1994.
The Court has jurisdiction with respect to claims under the following provisions of the Competition and Consumer Act 2010 (formerly the Trade Practices Act 1975) and can combine these proceedings with proceedings in another area of its jurisdiction.
- Section 46 (Misuse of Market Power)
- Section IVB (Industry Codes)
- Part XI (Application of the Australian Consumer Law as a law of the Commonwealth), and
- Schedule 2 (Australian Consumer Law).
The Court has jurisdiction conferred in respect of matters not otherwise within its jurisdiction that are associated with matters in which the jurisdiction of the Court is invoked (s 18).