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 Aug 2026:
Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103
COPYRIGHT – artistic works – range of packaging for children’s snacks designed to emulate works on a competitor’s packaging – whether primary judge erred in considering abstracted features rather than undertaking a detailed side-by-side comparison of the copyright and impugned works – whether substantial part reproduced – proper role of layout and …
Judge: BURLEY, MOORE AND OWENS JJ - 13 Aug 2026:
Origin Net Pty Ltd v Origin Energy Limited (No 2) [2026] FCA 1121
PRACTICE AND PROCEDURE – costs of interlocutory applications – where costs ordered to be payable forthwith – whether costs should be taxed or assessed as a lump sum – costs to be assessed on a lump sum basis
Judge: BURLEY J - 11 Aug 2026:
Agricultural and Processed Food Products Export Development Authority, Ministry of Commerce and Industry, Government of India v Registrar of Trade Marks [2026] FCA 1125
TRADE MARKS – application for word BASMATI to be registered as a certification mark – section 177 of the Trade Marks Act 1995 (Cth) – appeal from a decision of a delegate of the Registrar of the Australian Trade Mark Office – whether certification trade mark sought is inherently adapted to distinguish goods certified by the applicant – whether…
Judge: DOWLING J
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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