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
- 17 Sep 2026:
Crescent Capital Partners Management Pty Limited v Salaam Wealth Investments Australasia Pty Ltd [2026] FCA 1375
PRACTICE AND PROCEDURE – application for leave to appeal – where proceeding discontinued by notice filed by consent and with leave under r 26.12 of the Federal Court Rules 2011 (Cth) – where discontinuing party failed in its application that the respondents pay its costs – where applicant held liable for respondents’ costs under r 26.12(7) – where …
Judge: BANKS-SMITH J - 27 Aug 2026:
Pfizer Ireland Pharmaceuticals Unlimited Company v Samsung Bioepis Co., Ltd (Infringement and Validity) [2026] FCA 1244
PATENTS – patent relating to the large scale production of proteins and polypeptides in cell culture for a therapeutic use – infringement – validity PATENTS – infringement – construction of claims – meaning of “medium containing glutamine” and “cumulative” – where two allegedly infringing processes – where one process accepted to infringe integer…
Judge: BURLEY J - 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
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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