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
- 29 Sep 2022:
Pharmacia LLC v Juno Pharmaceuticals Pty Ltd [2022] FCAFC 167
PATENTS - standard patent claiming reconstitutable powder composition containing a cyclooxygenase-2 inhibitor for parenteral administration - claim construction - whether claims include or exclude residual water from the composition - meaning of "about" as used in claims - whether omnibus claim infringed - whether error in finding that only…
Judge: Jagot, Yates and Downes JJ - 29 Sep 2022:
Xiamen Huadian Switchgear Co Ltd v Powins Pty Ltd [2022] FCA 1159
INTELLECTUAL PROPERTY - application for declarations and injunctions in relation to alleged misleading or deceptive conduct and false or misleading representations pursuant to ss 18 and 29 of the Australian Consumer Law (ACL), trade mark infringements pursuant to s 120 of the Trade Marks Act 1995 (Cth) (TM Act) and passing off - where applicant is …
Judge: Halley J - 20 Sep 2022:
Rakman International Pty Limited v Boss Fire & Safety Pty Ltd (No 2) [2022] FCA 1113
COSTS - whether costs should be awarded on an indemnity basis in light of failures to accept offers of compromise PRACTICE AND PROCEDURE - form of final orders - application for injunction restraining applicants/cross-respondents from making representations found to constitute misleading or deceptive conduct - injunction refused
Judge: Yates J
Latest Speeches & Papers
- 18 Sep 2022:
Some evidentiary issues in patent law
Presentation to the IPSANZ conference by Justice Jagot - 24 Sep 2021:
The prior use defence and exhaustion doctrine in intellectual property law
Presented virtually at the launch event of issue 44(2) of the University of New South Wales Law Journal by Justice Rares. - 1 Mar 2018:
Ongoing patent infringement: Is injunctive relief an inevitable outcome? (Abstract)
Presented at the Journal of Equity Conference on 1 March 2018; published in the Journal of Equity in November 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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