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
- 28 Aug 2026:
Telix Pharmaceuticals (Innovations) Pty Ltd v Purdue Research Foundation [2026] FCA 1262
PRACTICE AND PROCEDURE – interlocutory application costs – where interlocutory application and amended interlocutory application later abandoned and costs were incurred – costs claimed under IP-2 practice note and statement of costs filed – whether costs claimed were reasonable and not excessive – lack of detail in relation to costs claimed –…
Judge: BURLEY J - 27 Aug 2026:
Scidera, Inc. v Meat and Livestock Australia Limited (No 4) [2026] FCA 1257
PRACTICE AND PROCEDURE – cross-claim – application for leave to file and serve notice of cross-claim – out of time – indemnity claim – substantial and longstanding proceeding – overlap between proposed cross-claim and principal proceeding – whether determination of cross-claim should be deferred – case management – efficient use of Court and party …
Judge: ROFE J - 27 Aug 2026:
Toyota Jidosha Kabushiki Kaisha v OZI4x4 Pty Ltd (No 3) [2026] FCA 1215
TRADE MARKS — claim of trade mark infringement under s 120 of the Trade Marks Act 1995 (Cth) – where the first applicant is the registered owner of several trade marks and the second applicant is an authorised user of those marks – where the first respondent operated a business of selling aftermarket four-wheel drive accessories – whether the…
Judge: WHEELAHAN 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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