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 Feb 2019:
Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2019] FCA 230
PRACTICE AND PROCEDURE - proceedings to enforce undertakings as to damages given in patent infringement proceedings - where several enforcement proceedings commenced - where allegations in one set of enforcement proceedings admitted but corresponding allegations in another set of enforcement proceedings denied - whether inconsistent allegations…
Judge: Yates J - 22 Feb 2019:
Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd [2019] FCAFC 28
PRACTICE AND PROCEDURE - patents - interlocutory injunction application - prima facie case - validity of patents - novelty - balance of convenience - leave to appeal dismissed.
Judge: Jagot, Yates and Moshinsky JJ - 21 Feb 2019:
Re.Group Pty Ltd v Kazal (No 6) [2019] FCA 168
COSTS - application for review of determination of registrar - whether lump sum costs determined by registrar should be reduced - where lump sum ordered by Court to be determined by registrar
Judge: Perram J
Latest Speeches & Papers
- 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. - 19 Oct 2016:
The nature and function of intellectual property: lessons from Down Under
Presented at the Intellectual Property Society of Australia and New Zealand Inc by Justice Edelman. - 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.
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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