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
- 13 Oct 2021:
Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd (No 2) [2021] FCAFC 180
PRACTICE AND PROCEDURE - parties ordered to confer with a view to agreeing orders giving effect to the Full Court's reasons for judgment or provide competing orders and submissions - parties were not able to agree and provided competing orders and submissions - application to make further submissions in relation to appropriate orders made…
Judge: Jagot, Lee and Thawley JJ - 11 Oct 2021:
Nagpal v Global Cars Aus Pty Ltd [2021] FCA 1226
HIGH COURT AND FEDERAL COURT - jurisdiction - whether action within scope of Federal Court's jurisdiction - whether federal jurisdiction is attracted because of claims made under Trade Marks Act 1995 (Cth) and the Australian Consumer Law - whether claims made are hypothetical - whether advisory opinion is sought - whether claims made are…
Judge: Downes J - 8 Oct 2021:
Orientile Pty Ltd v Salitrosa Holdings Pty Ltd (No 2) [2021] FCA 1224
PRACTICE AND PROCEDURE - costs of interlocutory application for non-standard discovery by categories - where respondents were successful on the application - where applicant seeks discrete costs orders by reference to categories - where orders sought are wholly opposed by the respondent - whether applicant has demonstrated a sufficient reason to…
Judge: Cheeseman 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. - 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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