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
- 24 Jun 2025:
Bickford’s Australia Pty Ltd v Trink Tank Pty Ltd [2025] FCA 683
PRACTICE AND PROCEDURE — where two interlocutory applications before the Court — one interlocutory application seeking order pursuant to s 32AC of the Federal Court of Australia Act 1976 (Cth) — one interlocutory application seeking orders setting aside the originating application in this Court pursuant to r 13.01(1)(a) of the Federal Court Rules…
Judge: O'SULLIVAN J - 13 Jun 2025:
Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd (No 3) [2025] FCA 624
COSTS – action alleging trade mark infringement and other causes – cross-claim seeking cancellation of trade marks – respondent and cross-claimant ultimately successful – where parties had varying degrees of success on discrete factual and legal issues – where applicant abandoned some claims mid-trial – whether applicant should pay a portion of…
Judge: CHARLESWORTH J - 20 May 2025:
Oxford Nanopore Technologies Plc v MGI Australia Pty Ltd [2025] FCA 572
PRACTICE AND PROCEUDRE – application to set aside notice to produce served on prospective applicant – where prospective respondent’s nanopore sequencing devices may fall within the scope of one or more claims of patents owned by the prospective applicant – where category 1 seeks documents recording or evidencing prospective applicant’s belief that …
Judge: JACKMAN 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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