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
- 7 Aug 2025:
The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887
PATENTS – jump starter device for jump starting a depleted or discharged battery (eg in a vehicle) – priority date – where the patents in suit claimed an earliest priority date based on the filing date of a PCT application – where the cross-claimant contended that the patents were not entitled to the asserted priority date – whether, for each…
Judge: MOSHINSKY J - 6 Aug 2025:
McCallum v Projector Films Pty Ltd [2025] FCA 903
COPYRIGHT – interlocutory application – dispute over which of two persons is to be attributed and credited as the “principal director” of a documentary to be premiered this week at the Melbourne International Film Festival – moral rights – right of attribution of authorship – false attribution – misleading and deceptive conduct – interlocutory…
Judge: SHARIFF J - 30 Jul 2025:
Watson Webb Pty Ltd v Comino [2025] FCA 871
DESIGN – entitlement – identification of co-designer for purposes of s 13(1)(a) of the Designs Act 2003 (Cth) (Designs Act) – whether first respondent was only person whose mind conceived relevant shape, configuration, pattern or ornamentation applicable to article in question and reduced it to visible form – where design combined features that…
Judge: HALLEY J
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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