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
- 18 Sep 2025:
EIS Gmbh v LELO Oceania Pty Ltd (Liability Trial) [2025] FCA 1111
PATENTS – validity – infringement – standard patent entitled “Pressure Wave Massager” – compression wave massage device for sexual stimulation of the clitoris – construction – meaning of claim which refers to device “when used” in a specified way – whether device must be tested when used in that way – whether results of testing established…
Judge: DOWNES J - 16 Sep 2025:
Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131
HIGH COURT AND FEDERAL COURT – question of correct approach to remittal and subsequent appeal – where equally divided decision of six High Court Justices resulted in preceding Full Federal Court decision being affirmed pursuant to s 23(2)(a) of Judiciary Act 1903 (Cth) – where, on remitter of Full Court’s decision, the primary judge was to…
Judge: BEACH, ROFE AND JACKMAN JJ - 12 Sep 2025:
Jacksons Drawing Supplies Pty Ltd v Jackson's Art Supplies Ltd (No 2) [2025] FCA 1127
INTELLECTUAL PROPERTY - contraventions of s 18, s 29(1)(g) and s 29(1)(h) of the Australian Consumer Law and passing off - declarations - appropriate form of non-pecuniary relief - format of and content of website disclaimer - disclaimer not required to be published in other media COSTS - offers made before trial commenced - applicant's rejection…
Judge: JACKSON J
Latest Speeches & Papers
- 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.
- 1 Sep 2024:
Remedies in intellectual property law in Australia post-Redbubble
Presented at the Intellectual Property Society of Australia and New Zealand annual conference, New Zealand, by Justice Downes.
- 1 Mar 2018:
Ongoing patent infringement: Is injunctive relief an inevitable outcome? (Abstract)
Presented at the Journal of Equity Conference on 1 March 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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