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
- 20 Oct 2026:
OrthAlign, Inc v Navbit Pty Ltd [2026] FCA 1542
PATENTS – innovation patent for a hip navigation system comprising an impactor adapter and an inertial navigation device – claim construction – infringement – validity PATENTS – infringement – whether respondent’s device has a clamp comprising a first clamp member and a second clamp member opposite the first clamp member – whether respondent’s…
Judge: O'BRYAN J - 29 Sep 2026:
Bickford’s Australia Pty Ltd v Noot Drinks Co Pty Ltd (No 2) [2026] FCA 1456
EVIDENCE — ADMISSIBILITY — objection by applicant to the proposed tender of two expert reports — whether the expert reports are admissible pursuant to s 79(1) of the Evidence Act 1995 (Cth) — where the author of the reports possesses relevant expertise — where first expert report reveals the opinions of the expert and the basis for those opinions…
Judge: O'SULLIVAN J - 17 Sep 2026:
Crescent Capital Partners Management Pty Limited v Salaam Wealth Investments Australasia Pty Ltd [2026] FCA 1375
PRACTICE AND PROCEDURE – application for leave to appeal – where proceeding discontinued by notice filed by consent and with leave under r 26.12 of the Federal Court Rules 2011 (Cth) – where discontinuing party failed in its application that the respondents pay its costs – where applicant held liable for respondents’ costs under r 26.12(7) – where …
Judge: BANKS-SMITH 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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