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
- 4 Sep 2026:
Roadshow Films Pty Limited v Telstra Limited (No 2) [2026] FCA 1319
COPYRIGHT – application to extend operation of site blocking orders under s 115A of the Copyright Act 1968 (Cth) – notice identifying new IP addresses providing access to existing Target Online Locations – operation of variation procedure under existing orders – where no respondent objected – whether five-year extension appropriate. Held: orders…
Judge: CHEESEMAN J - 4 Sep 2026:
The Pops Group Pty Ltd as trustee for The Pool Shops Trust v Pro Pool Services Pty Ltd (No 3) [2026] FCA 1303
COSTS – application for reduction of successful applicant’s costs – where applicant substantially successful on primary issues and obtained injunctive and compensatory relief for trade mark infringement – whether costs should be reduced for applicant’s inefficient prosecution of the proceedings – where respondent unrepresented – costs reduced by…
Judge: DERRINGTON J - 2 Sep 2026:
Nalco Company v Cytec Industries Inc (No 2) [2026] FCAFC 113
PATENTS — costs of appeal and first instance proceeding concerning an application to amend a patent application — costs concerning a successful application under s 105(1A) of the Patents Act 1990 (Cth) — comparison with the costs position concerning a successful s 105(1) application — scope and application of any indulgence principle — whether any …
Judge: BEACH, JACKSON AND JACKMAN JJ
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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