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
- 23 Jun 2026:
Comino v Watson Webb Pty Ltd (Costs) [2026] FCAFC 88
COSTS – whether single costs order should be made for three proceedings – whether an issue-by-issue approach to costs appropriate – whether costs order by primary judge should be set aside or varied – whether costs should be assessed on a lump-sum basis
Judge: MOSHINSKY, DOWNES AND OWENS JJ - 23 Jun 2026:
Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791
TRADE MARKS – section 177 of the Trade Marks Act 1995 (Cth) – application for word PISCO to be registered as a certification mark – appeal from a decision of a delegate of the Registrar of the Australian Trade Mark Office – whether certification trade mark sought is inherently adapted to distinguish – whether certification trade mark sought is…
Judge: BURLEY J - 16 Jun 2026:
Mobile Skips (Australia) Pty Ltd v Registrar of Trade Marks [2026] FCA 744
TRADE MARKS – appeal under s 35 of the Trade Marks Act 1995 (Cth) from decision of delegate of Registrar of Trade Marks refusing registration of plain word mark “MOBILE SKIPS” – plain word mark rejected under s 41 of the Trade Marks Act – whether mark not to any extent inherently adapted to distinguish designated services of the applicant –…
Judge: HESPE J
Latest Speeches & Papers
- 7 Mar 2026:
Common counts, common law and common sense
Speech presented to the Symposium on Australian Restitution in the 21st Century.
- 3 Dec 2025:
Innovation
Speech presented at the Intellectual Property Society of Australia and New Zealand
- 4 Apr 2025:
Disclosure of the best method - how much is enough?
Presented at the Institute of Patent and Trade Mark Attorneys of Australia conference, Brisbane, by Justice Downes.
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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