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

• 13 Jan 2022: Watson v Kriticos (Costs Payable Forthwith) [2022] FCA 4
  COSTS - costs thrown away - application to dispense with Federal Court Rules 2011 (Cth) r 40.13
  Judge: Perram J
• 21 Dec 2021: Roadshow Films Pty Ltd v Telstra Corporation Limited [2021] FCA 1588
  Copyright - application for "site blocking" orders under s 115A of the Copyright Act 1968 (Cth) - whether orders should be made - consideration of appropriate form of ancillary orders including form of order to facilitate extension of orders to cover new target online locations
  Judge: Nicholas J
• 17 Dec 2021: Shepparton Partners Collective Operations Pty Ltd v QAD Inc (No 2) [2021] FCAFC 227
  COSTS - indemnity costs - whether appeal was sufficiently meritless - whether costs unreasonably incurred - costs awarded on lump sum basis
  Judge: Greenwood, Jagot and Rofe JJ

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.