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 Apr 2024:
MSA 4x4 Accessories Pty Ltd v Clearview Towing Mirrors Pty Ltd (No 2) [2024] FCA 417
COSTS - where the respondent was successful in defending patent infringement proceedings - where applicants were successful in defending invalidity case - where respondent advanced aspects of invalidity case on premise that applicants' construction of claims was correct - where respondent was only party to have any success in proceeding - whether…
Judge: Downes J - 26 Apr 2024:
Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No 4) [2024] FCA 419
COSTS - unsuccessful action for trade mark infringement - whether costs should be assessed on an indemnity basis following the unsuccessful applicant's non-acceptance of a Calderbank offer or because the unsuccessful applicant ought to have recognised from a given date that its case on infringement could not succeed - whether costs should be…
Judge: Yates J - 23 Apr 2024:
Vald Pty Ltd v KangaTech Pty Ltd (No 6) [2024] FCA 408
PATENTS - form of orders following judgment on claim and cross-claim - whether declaration of non-infringement should be made when relief not sought in cross-claim - where respondent offered form of undertaking following trial by email to judge's chambers - whether respondent should be (or needs to be) released from proposed undertaking
Judge: Downes J
Latest Speeches & Papers
- 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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