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 2020:
CPL Notting Hill Pty Ltd v Microsoft Corporation [2020] FCA 1399
PRACTICE AND PROCEDURE - application for stay pursuant to r 41.03 of the Federal Court Rules 2011 (Cth) - respondents brought claim in Federal Circuit Court and were awarded damages - appeal allowed with orders that there be a retrial and that respondents pay costs of appeal - respondents claim damages at second trial - appellants have given…
Judge: O'Callaghan J - 25 Sep 2020:
Rauland Australia Pty Ltd v Law (No 2) [2020] FCA 1400
PRACTICE AND PROCEDURE - application for release from Harman undertakings regarding documents produced during standard discovery - documents sought to be used for separate proceeding in New Zealand - whether special considerations - where documents likely to be relevant in separate proceeding - where documents likely to be tendered in evidence or…
Judge: Stewart J - 25 Sep 2020:
Pinnacle Runway Pty Ltd v Triangl Limited (No 3) [2020] FCA 1379
COSTS - indemnity costs - where respondent successful in defence of claim of trade mark infringement and applicant successful in cross-claim - discretion as to costs - whether rejection of settlement offers unreasonable or imprudent - applicable principles in relation to indemnity costs - where settlement offers placed the offeree in a…
Judge: Murphy J
Latest Speeches & Papers
- 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. - 9 Sep 2016:
Recent developments in IP remedies
An edited version of speaking notes used in a presentation at the 30th Annual Conference of the Intellectual Property Society of Australia and New Zealand Inc held 9-11 September 2016 by Justice Yates. - 23 Oct 2014:
Random observations of a Southern Judge or what does sports law have in common with patent law?
Presented at the IPSANZ Dinner, Brisbane.
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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