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
- 16 Jun 2026:
Mobile Skips (Australia) Pty Ltd v Registrar of Trade Marks [2026] FCA 744
TRADE MARKS – appeal under s 35 of the Trade Marks Act 1995 (Cth) from decision of delegate of Registrar of Trade Marks refusing registration of plain word mark “MOBILE SKIPS” – plain word mark rejected under s 41 of the Trade Marks Act – whether mark not to any extent inherently adapted to distinguish designated services of the applicant –…
Judge: HESPE J - 12 Jun 2026:
Universal Music Australia Pty Limited v TPG Internet Pty Ltd (No 2) [2026] FCA 731
COPYRIGHT – section 115A of the Copyright Act 1968 (Cth) – extension of injunction requiring carriage service providers to take reasonable steps to disable access to online locations infringing or facilitating infringement of copyright – removal of domain names that have ceased to enable or facilitate access to online locations – removal of…
Judge: BURLEY J - 2 Jun 2026:
EOS Defence Systems Pty Limited v Pahlavani [2026] FCA 688
PRACTICE AND PROCEDURE – urgent application for interlocutory mandatory injunction requiring the respondents to withdraw an application filed under the Patent Cooperation Treaty – prima facie case established – balance of convenience favours granting relief – application granted
Judge: STELLIOS 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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