Intellectual Property
About this NPA
The Intellectual Property National Practice Area (NPA) covers disputes concerning matters such as patents, trade marks, copyright, designs, circuit layouts, plant breeder's rights and appeals from the Commissioner of Patents or Registrar of Trade Marks.
The Intellectual Property NPA consists of three Sub-areas:
More on this NPALatest Judgments
- 19 Mar 2025:
Novartis AG v Pharmacor Pty Limited [2025] FCAFC 33
PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients – claim construction – whether primary judge erred in construction of claim as not including a pharmaceutical composition where the active pharmaceutical ingredient is in the form of a complex in which the ions are…
Judge: BURLEY, ROFE AND DOWNES JJ - 21 Mar 2025:
Fanatics, LLC v FanFirm Pty Limited (No 2) [2025] FCA 241
PRACTICE AND PROCEDURE – costs – whether appellant partially successful in stay applications – where respondent proffered terms of a limited stay – HELD: appellant to pay the respondent’s costs of and incidental to the interlocutory applications giving rise to FanFirm Pty Limited v Fanatics, LLC (No 2) [2024] FCA 826, Fanatics, LLC v FanFirm Pty…
Judge: BROMWICH J - 21 Mar 2025:
Somers Enterprises Australia Pty Ltd v Basefun Pty Ltd [2025] FCA 218
INTELLECTUAL PROPERTY – trade marks – registration – application for removal for non-use – appeal de novo – extent of use in relevant class within Australia – discretion of Court to allow mark to remain on Register of Trade Marks – appeal allowed – Trade Mark retained on Register
Judge: BENNETT J
Latest Speeches & Papers
- 1 Sep 2024:
Remedies in intellectual property law in Australia post-Redbubble
Presented at the Intellectual Property Society of Australia and New Zealand annual conference, New Zealand, by Justice Downes.
- 1 Mar 2018:
Ongoing patent infringement: Is injunctive relief an inevitable outcome? (Abstract)
Presented at the Journal of Equity Conference on 1 March 2018
Practice Notes
Form & Rules
The key forms and rules for commencing proceedings in this NPA are:
- Commencing patents, trade marks or copyright proceedings:
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- Commencing appeals from the Commissioner of Patents or Registrar of Trade Marks:
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Legislation
- Patents Act 1990 (Cth)
- Trade Marks Act 1995 (Cth)
- Copyright Act 1968 (Cth)
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