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
- 1 Jul 2026:
Chapcon Building Services Pty Ltd v Spectrum Homes Qld Pty Ltd (No 2) [2026] FCA 888
PRACTICE AND PROCEDURE – proceedings commenced in 2023 – doubt expressed in prior judgment about ownership of copyright – statement of claim amended on 20 April 2023, 6 November 2023, 29 April 2025 and 14 May 2026 but no amendment to allegations relating to ownership of copyright – late joinder of second applicant caused trial dates to be vacated…
Judge: DOWNES J - 1 Jul 2026:
Clarke v TNSG Biotech Co., Ltd [2026] FCA 851
TRADE MARKS – appeal under s 56 of the Trade Marks Act 1995 (Cth) – where respondent did not appear at the hearing – where Registrar of Trade Marks did not wish to be heard – where affidavits filed by the respondent in the proceeding but not read into evidence – appeal allowed
Judge: STELLIOS J - 25 Jun 2026:
EV20 Consulting Group Pty Ltd v Paperless Warehousing Pty Ltd (No 4) [2026] FCA 805
PRACTICE AND PROCEDURE – rule 39.05(a) of the Federal Court Rules 2011 (Cth) – application to set aside default judgment – where applicant failed to file a Notice of address for service after his solicitors ceased acting for him – where applicant has no satisfactory explanation for failure to do so – where applicant aware of proceedings and…
Judge: BURLEY 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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