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
- 28 Jul 2026:
Bovell v State of Western Australia [2026] FCA 991
PRACTICE AND PROCEDURE – patents – discovery – application for discovery of inventor documents said to be relevant to cross-claim for lack of innovative and inventive step, novelty and manner of manufacture – where documents relate to research and experimental work performed by the inventor – discovery not ordered
Judge: MOORE J - 22 Jul 2026:
Universal City Studios Productions LLLP v Telstra Limited (No 2) [2026] FCA 983
COPYRIGHT – section 115A of the Copyright Act 1968 (Cth) – application for orders requiring internet service providers to block access in Australia to target online locations – where target online locations infringe or facilitate infringement of copyright – where imminent theatrical and streaming release of copyright works gives rise to urgency –…
Judge: BURLEY J - 24 Jul 2026:
Registrar of Trade Marks v National Cancer Foundation Limited [2026] FCAFC 95
TRADE MARKS – revocation of registration – s 84A of the Trade Marks Act 1995 (Cth) – where Registrar of Trade Marks found that a trade mark should not have been registered as it was deceptively similar to prior registered marks pursuant to s 44 of the Act – where primary judge held there was no basis to be satisfied that the trade mark should not…
Judge: MARKOVIC, NEEDHAM AND BENNETT 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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