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
- 27 Aug 2026:
Toyota Jidosha Kabushiki Kaisha v OZI4x4 Pty Ltd (No 3) [2026] FCA 1215
TRADE MARKS — claim of trade mark infringement under s 120 of the Trade Marks Act 1995 (Cth) – where the first applicant is the registered owner of several trade marks and the second applicant is an authorised user of those marks – where the first respondent operated a business of selling aftermarket four-wheel drive accessories – whether the…
Judge: WHEELAHAN J - 26 Aug 2026:
Kumiai Chemical Industry Co., Ltd v Kenso Corporation (M) SDN. BHD [2026] FCA 1219
PATENTS – application for leave to amend pleadings – leave to amend cross-claim – proposed best method ground – sub-s 40(2)(aa) Patents Act – whether proposed ground is sufficiently arguable at the interlocutory stage – characterisation of the invention – process to manufacture herbicide – pyroxasulfone – industrial-scale process – overlap with…
Judge: ROFE J - 19 Aug 2026:
Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103
COPYRIGHT – artistic works – range of packaging for children’s snacks designed to emulate works on a competitor’s packaging – whether primary judge erred in considering abstracted features rather than undertaking a detailed side-by-side comparison of the copyright and impugned works – whether substantial part reproduced – proper role of layout and …
Judge: BURLEY, MOORE AND OWENS JJ
Latest Speeches & Papers
- 7 Mar 2026:
Common counts, common law and common sense
Speech presented to the Symposium on Australian Restitution in the 21st Century.
- 3 Dec 2025:
Innovation
Speech presented at the Intellectual Property Society of Australia and New Zealand
- 4 Apr 2025:
Disclosure of the best method - how much is enough?
Presented at the Institute of Patent and Trade Mark Attorneys of Australia conference, Brisbane, by Justice Downes.
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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