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 NPA
- 17 Apr 2019:
The Dempsey Group Pty Ltd v Spotlight Pty Ltd (No 3)  FCA 519
COSTS - exercise of costs discretion under s 43 of the Federal Court of Australia Act 1976 (Cth) - where applicant only partially successful at trial - where applicant's key witness lacked credibility - where respondent's pre-trial offers of settlement were for value greater than damages awarded - where damages substantially less than sought -…
Judge: Davies J
- 12 Apr 2019:
Aristocrat Technologies Australia Pty Limited v Ainsworth Game Technology Limited (No 2)  FCA 511
COSTS - contested application for preliminary discovery
Judge: Yates J
- 12 Apr 2019:
H Lundbeck A/S v Commissioner of Patents  FCA 535
PRACTICE AND PROCEDURE - application for release from Court undertaking which prevented applicant from appealing a judgment until parallel proceedings had been determined - where conflicting decisions on similar statutory provisions - whether maintaining Court undertaking could lead to res judicata - application of case management principles -…
Judge: Middleton 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.
Form & Rules
The key forms and rules for commencing proceedings in this NPA are:
- Commencing patents, trade marks or copyright proceedings:
- Commencing appeals from the Commissioner of Patents or Registrar of Trade Marks:
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