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
- 26 Sep 2023:
Red Hill Wine Pty Ltd v Red Hill Vineyard Pty Ltd [2023] FCA 1151
COSTS - where party failed to file notice of objection within 21 day time period after estimate issued by Registrar - where party seeks to have the time extended and file notice of objection to estimate of costs - whether reason for delay and merits of the notice of objection sufficient to allow orders sought - application dismissed
Judge: Rofe J - 22 Sep 2023:
Sanofi v Amgen Inc. (No 2) [2023] FCA 1156
PRACTICE AND PROCEDURE - patents - appeal from decision of a delegate of the Commissioner of Patents in opposition proceedings - application seeking orders pursuant to r 5.04 of the Federal Court Rules 2011 (Cth) limiting evidence to be relied on at the hearing of the appeal - where respondent intends to tender declarations relied on before the…
Judge: Yates J - 21 Sep 2023:
Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC [2023] FCA 1119
PATENTS - three patent applications on appeal from a decision of a delegate of the Commissioner of Patents - patent applications disclose supernatant vaccine for Mycoplasma hyopneumoniae (M. hyo), a disease affecting pigs - applications include a platform, a bivalent and a multivalent vaccine - validity EVIDENCE - challenge to independence of…
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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