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 Sep 2025:
The NOCO Company v Brown and Watson International Pty Ltd (No 2) [2025] FCA 1176
PRACTICE AND PROCEDURE – costs – where cross-claim alleging invalidity of asserted claims in three patents succeeded – where claim alleging infringement of patents unsuccessful due to invalidity of asserted claims – whether appropriate to adopt an issues-based approach to the question of costs – where respondent served offer to compromise pursuant …
Judge: MOSHINSKY J - 24 Sep 2025:
Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd (No 3) [2025] FCA 1179
PATENTS – application for revocation of certain claims of patent on basis that claims are neither novel nor involve inventive step within meaning of s 18(1)(b) of the Patents Act 1990 (Cth) (Patents Act) when compared to prior art base – cross-claim for infringement of patent – where specification is a pour-on anthelmintic formulation for cattle…
Judge: JACKMAN J - 18 Sep 2025:
EIS Gmbh v LELO Oceania Pty Ltd (Liability Trial) [2025] FCA 1111
PATENTS – validity – infringement – standard patent entitled “Pressure Wave Massager” – compression wave massage device for sexual stimulation of the clitoris – construction – meaning of claim which refers to device “when used” in a specified way – whether device must be tested when used in that way – whether results of testing established…
Judge: DOWNES 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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