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
- 19 Mar 2024:
Chou v Metstech Pty Ltd (Costs) [2024] FCAFC 39
COSTS - whether costs should follow the event - where respondents successful in substance but primary judge's declarations were amended in the interests of clarity
Judge: Yates, Downes and Jackman JJ - 19 Mar 2024:
MMD Australia Pty Ltd v Camco Engineering Pty Ltd [2024] FCAFC 38
PATENTS - construction of patent - invention of tooth construction for a mineral sizer - meaning of "front cover which is weldingly secured to and seated in face to face contact with the front face of the support body" - where primary judge rejected claim because, inter alia, "face to face contact" requires physical contact over most of two faces
Judge: Yates, Burley and Jackman JJ - 15 Mar 2024:
Societe Civile et Agricole du Vieux Chateau Certan v Kreglinger (Australia) Pty Ltd [2024] FCA 248
CORPORATIONS -- Bordeaux wine -- Tasmanian wine -- passing off -- extent of reputation of French wine in Australia -- relevant date for assessing reputation -- classes of consumers -- evidence of confusion -- characteristics or knowledge of ordinary and reasonable person -- misleading or deceptive conduct -- misrepresentation -- contraventions of…
Judge: Beach 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. - 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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