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

• 22 Mar 2023: Energy Beverages LLC v Cantarella Bros Pty Ltd [2023] FCAFC 44
  TRADE MARKS - application for leave to appeal from judgment of a single judge of the Court pursuant to s 195(2) of the Trade Marks Act 1995 (Cth) (the Act) - where primary judge dismissed an appeal from the decision of a delegate of the Registrar of Trade Marks in opposition proceedings - where delegate granted respondent's application under s…
  Judge: Yates, Stewart and Rofe JJ
• 14 Mar 2023: Boost Tel Pty Ltd v Singtel Optus Pty Ltd [2023] FCA 213
  INTELLECTUAL PROPERTY - application for urgent interlocutory injunction - alleged infringement of trade mark - whether prima facie case of trade mark infringement - whether balance of convenience favours grant of interlocutory injunction - held: interlocutory injunction granted
  Judge: Thawley J
• 22 Feb 2023: Microsoft Corporation v CPL Notting Hill Pty Ltd [2023] FCA 144
  PRACTICE AND PROCEDURE - application for a stay of execution of certificates of taxation pending determination of appeal - where stay granted due in part to respondents' earlier inability to pay damages awarded - where stay granted dissolved upon delivery of judgment - where no evidence of improved financial circumstances - application granted.
  Judge: Burley J

Latest Speeches & Papers

• 24 Sep 2021: The prior use defence and exhaustion doctrine in intellectual property law
  Presented virtually at the launch event of issue 44(2) of the University of New South Wales Law Journal by Justice Rares.
• 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.