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
- 1 Oct 2024:
Dei Gratia Pty Ltd v Commissioner of Patents [2024] FCA 1145
PATENTS - a logistics facility and related systems and methods for the provision of goods or services to an end user - network of modified local outlets - manner of manufacture - s 18(a) of the Patents Act 1990 (Cth) - computer-implemented scheme - patentability of a computer-implemented scheme - use of computers for their well-known purpose -…
Judge: Rofe J - 20 Sep 2024:
Hemmes Trading Pty Limited v Establishment 203 Pty Ltd [2024] FCA 1100
TRADE MARKS - where applicant the owner of the trade mark consisting of the word ESTABLISHMENT in Classes 9, 25, 41 and 42, which include restaurant, bar and hotel services - where trade mark has been used since September 2000 in respect of a multi-level restaurant, bar and hotel business in Sydney - where respondent operates a restaurant in…
Judge: Jackman J - 19 Sep 2024:
Samsung Bioepis AU Pty Ltd v Janssen Biotech, Inc. (Costs) [2024] FCA 1099
COSTS - consent to surrender of innovation patents and discontinuance of proceedings nearly three months before trial - whether costs should be ordered on indemnity basis - application refused PRACTICE AND PROCEDURE - circumstances where short form reasons are appropriate
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
- 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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