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:

• Patents and Associated Statutes
• Trade Marks
• Copyright & Industrial Design

Latest Judgments

• 23 Oct 2024: Sandoz AG v Bayer Intellectual Property GmbH [2024] FCAFC 135
  PATENTS - whether skilled person could be reasonably expected to have ascertained international patent publication - where patent database would have been one of the databases searched by person skilled in the art - where expert provided with search results which formed a subset of larger set of search results which would have been derived from…
  Judge: Yates, Burley and Downes JJ
• 17 Oct 2024: Directed Electronics OE Pty Ltd v Isuzu Australia Limited (No 2) [2024] FCA 1198
  PRACTICE AND PROCEDURE - abuse of process - application for permanent stay of proceeding - where application has been previously stayed until judgment is handed down in another proceeding - where there are concluded proceedings in this Court between the applicant and cross-respondents - where respondent not party to initial proceedings - where…
  Judge: Rofe J
• 14 Oct 2024: Nutrafruit Pty Ltd v Fivefifty5 Super Foods Pty Ltd [2024] FCA 1218
  PRACTICE AND PROCEDURE - leave to withdraw an admission - where first to third respondents admitted that there have been at least 15,000 Queen Garnet trees on relevant property - where precise number of trees remains an issue in the proceedings - where no prejudice to the applicant
  Judge: Jackman 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.