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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:

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Latest Judgments


  • 10 Jul 2020: Aristocrat Technologies Australia Pty Limited v Commissioner of Patents (No 2) [2020] FCA 974
    COSTS - usual rule that costs follow the event - whether Commissioner should pay costs of hearing before delegate - whether discretion should be exercised to apportion costs - where appellant filed considerable volume of duplicative or unnecessary expert evidence - costs of expert evidence apportioned
    Judge: Burley J
  • 9 Jul 2020: Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd (No 2) [2020] FCA 961
    PRACTICE AND PROCEDURE - form of final orders - unsuccessful appeal from opposition to a standard patent pursuant to s 60(4) of the Patents Act 1990 (Cth) - application for stay of orders pending outcome of application for leave to appeal and, if granted, appeal - stay granted COSTS - whether costs should follow the event - where offer made by the …
    Judge: Burley J
  • 3 Jul 2020: Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116
    PATENTS - infringement - Swiss type claims - whether mental element imported into claims - whether it is necessary to establish manufacturer's intention to prove infringement - discussion of correct approach to determining infringement PATENTS - validity - lack of novelty - prior publication of documents - correct test for determining lack of…
    Judge: Middleton, Jagot, Yates, Beach and Moshinsky JJ

Latest Speeches & Papers


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Form & Rules


The key forms and rules for commencing proceedings in this NPA are:

  • Commencing patents, trade marks or copyright proceedings:
Forms:
Rules:
  • Commencing appeals from the Commissioner of Patents or Registrar of Trade Marks:
Forms:
  • Form 92 - Notice of appeal (intellectual property)
Rules:
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NPA Judges

National Coordinating Judges

  • Greenwood J
  • Nicholas J
  • Yates J
  • Burley J
NPA Judges

Urgent Applications