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 May 2025:
Miele & Cie KG v Bruckbauer [2025] FCA 537
PATENTS – application to amend claims of a patent application under s 105 of the Patents Act 1990 (Cth) due to typographical error – correction of obvious mistake PATENTS – infringement – standard patent for a hob with a recess for a device for downwardly removing cooking vapours through suction – claim construction PATENTS – validity – support –…
Judge: ROFE J - 23 May 2025:
Jacksons Drawing Supplies Pty Ltd v Jackson's Art Supplies Ltd [2025] FCA 530
INTELLECTUAL PROPERTY - application for injunctive relief for breaches of s 18, s 29(1)(g) or s 29(1)(h) of the Competition and Consumer Act 2010 (Cth) Sch 2 (ACL) and passing off - delay by applicant in seeking relief - discretionary refusal of wide injunctive relief CONSUMER LAW - misleading or deceptive conduct - passing off - use of the names…
Judge: JACKSON J - 20 May 2025:
Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 5) [2025] FCA 505
COSTS – application for review of a decision of a Registrar of the Court determining the quantum of costs payable pursuant to a lump sum award – requirement for a de novo hearing on the question of quantum – question of quantum referred to an experienced costs lawyer for inquiry and report – whether report should be adopted in whole or in part
Judge: O'BRYAN J
Latest Speeches & Papers
- 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.
- 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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