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
- 26 Aug 2025:
Fanatics, LLC v FanFirm Pty Limited (Final Orders) [2025] FCAFC 112
APPEAL AND NEW TRIAL – form of orders following appeal – where appellant was partially successful – where costs orders made previously
Judge: BURLEY, JACKSON AND DOWNES JJ - 22 Aug 2025:
Paige LLC v Sage and Paige Collective Pty Ltd (Costs) [2025] FCA 988
COSTS – application for indemnity costs – rejection of walk away offers not unreasonable in the circumstances – appellant’s case reasonably and properly arguable –application for indemnity costs dismissed
Judge: NEEDHAM J - 21 Aug 2025:
Lift Shop Pty Ltd v Next Level Elevators Pty Ltd [2025] FCAFC 108
COPYRIGHT – additional damages – whether primary judge erred in determining entitlement to additional damages in advance of determining quantum and prior to the applicant’s election – whether primary judge erred in her approach to assessing the flagrancy of the conduct – where threatening communications considered in the context of the…
Judge: FEUTRILL, NESKOVCIN AND MOORE JJ
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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