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
- 16 Aug 2022:
The Epoch Holding Group Pty Ltd v Carrodus [2022] FCA 947
PRACTICE AND PROCEDURE - where non-publication orders previously made in respect of evidence -where the evidence contains commercially sensitive information the subject of the proceedings - whether non-publication orders are necessary to prevent prejudice to the proper administration of justice - whether non-publication orders previously made…
Judge: Cheeseman J - 29 Jul 2022:
Derma Pen LLC v Biosoft (Australia) Pty Ltd (Security for Costs) [2022] FCA 885
PRACTICE AND PROCEDURE - application for security for costs - where Applicants are incorporated in Delaware - where neither Applicant has assets in or conducts business in Australia - where First Applicant has judgment debt against the Third Respondent out of jurisdiction - where Second Applicant has assets in form of US word mark - whether…
Judge: Perram J - 25 Jul 2022:
Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd (No 2) [2022] FCA 867
COSTS - whether applicant should have to pay multiple sets of costs - where third respondent had separate representation to first, second, and fourth respondents - whether there was possibility of conflict of interest between the respondents COSTS - appropriate apportionment - where respondents ultimately successful - where third respondent…
Judge: Rofe 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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