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
- 25 Nov 2022:
Roadshow Films Pty Ltd v Telstra Corporation Limited [2022] FCA 1413
Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) in respect of "cyberlocker" known as Mixdrop - whether online location infringes or facilitates the infringement of copyright in applicants' and other copyright owners' films - whether online location has primary purpose or primary effect of infringing…
Judge: Nicholas J - 21 Nov 2022:
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 4) [2022] FCA 1429
PRACTICE AND PROCEDURE -- application for stay of injunction, orders for delivery-up and destruction of infringing materials and costs -- appropriate form of injunction following findings of patent infringement --whether grounds of appeal reasonably arguable -- whether appeal would be rendered nugatory absent a stay -- whether balance of…
Judge: Rofe J - 17 Nov 2022:
Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (Security for Costs) [2022] FCA 1371
PRACTICE AND PROCEDURE - application for security for costs - where Cross-Claimants ordinarily resident outside Australia - whether security includes work that is not relevant - whether Cross-Respondent entitled to security for own amendment application - where Cross-Respondent owes Cross-Claimant amount exceeding security sought
Judge: Perram J
Latest Speeches & Papers
- 24 Sep 2021:
The prior use defence and exhaustion doctrine in intellectual property law
Presented virtually at the launch event of issue 44(2) of the University of New South Wales Law Journal by Justice Rares. - 1 Mar 2018:
Ongoing patent infringement: Is injunctive relief an inevitable outcome? (Abstract)
Presented at the Journal of Equity Conference on 1 March 2018; published in the Journal of Equity in November 2018. - 9 Sep 2016:
Recent developments in IP remedies
An edited version of speaking notes used in a presentation at the 30th Annual Conference of the Intellectual Property Society of Australia and New Zealand Inc held 9-11 September 2016 by Justice Yates.
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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