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
- 13 Apr 2021:
BCI Media Group Pty Ltd v Corelogic Australia Pty Ltd (No 2) [2021] FCA 382
PRACTICE AND PROCEDURE - application to set aside orders made pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) requiring Prospective Respondents to make preliminary discovery - Prospective Applicant commenced substantive proceedings before the Prospective Respondents complied fully with the preliminary discovery orders - application…
Judge: White J - 9 Apr 2021:
Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2) [2021] FCA 328
TRADE MARKS - validity - whether "Corner Hotel" and "Corner" marks capable of distinguishing applicant's services of conducting a live music venue within s 41 of the Trade Marks Act 1995 (Cth) - whether use of those marks likely to deceive or cause confusion within s 88(2)(c) - infringement - whether respondents infringed applicant's marks by…
Judge: O'Bryan J - 31 Mar 2021:
Goodman Fielder Pte Ltd v Conga Foods Pty Ltd [2021] FCA 307
TRADE MARKS - infringement - goods of the same description - where scope of alleged infringing goods not sufficiently made clear by the parties at trial - further infringement findings PRACTICE AND PROCEDURE - form of final orders - scope of declaratory and injunctive relief PRACTICE AND PROCEDURE - whether respondents should be granted…
Judge: Burley 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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