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
- 14 Feb 2025:
Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd [2025] FCAFC 12
TRADE MARKS - validity - ownership - where primary judge found appellant (Cantarella) was not the owner of the ORO trade mark and ordered that registrations be cancelled pursuant to ss 88(1)(a) and 58 of the Trade Marks Act 1995 (Cth) ("the Act") - where primary judge found prior use of trade marks by third party (Molinari) - whether primary judge …
Judge: Nicholas, Jackson and Rofe JJ - 7 Feb 2025:
Condari Pty Ltd v Haus Group Australia Pty Ltd [2025] FCA 65
PRACTICE AND PROCEDURE - form of orders COSTS - costs arising from application to review the decision of a Registrar - where trial was vacated two weeks prior to its intended commencement - whether the conduct of the applicant warrants the award of indemnity costs - whether costs should be payable forthwith
Judge: Rofe J - 5 Feb 2025:
Sun Pharma ANZ Pty Ltd v Otsuka Pharmaceutical Co Ltd [2025] FCA 44
PATENTS - patent for controlled release aripiprazole formulations and methods for preparing and using such formulations - validity of extension of term of patent - validity of claims - whether pharmaceutical substance per se - whether pharmaceutical substance can include formulations - whether formulations can only include substances which have…
Judge: Downes J
Latest Speeches & Papers
- 1 Sep 2024:
Remedies in intellectual property law in Australia post-Redbubble
Presented at the Intellectual Property Society of Australia and New Zealand annual conference, New Zealand, by Justice Downes.
- 1 Mar 2018:
Ongoing patent infringement: Is injunctive relief an inevitable outcome? (Abstract)
Presented at the Journal of Equity Conference on 1 March 2018
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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