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
- 31 Mar 2020:
Watson v Commissioner of Patents [2020] FCAFC 56
INTELLECTUAL PROPERTY - application for leave to appeal - where primary judge dismissed an appeal from a decision of the delegate of the Commissioner of Patents revoking an innovation patent - where alleged invention was a method by which an organisation engages with an innovation service provider to innovate - whether alleged invention is a…
Judge: Greenwood, McKerracher and Yates JJ - 30 Mar 2020:
Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd [2020] FCA 408
PATENTS - appeal from an opposition to a standard patent for a vehicle detection system pursuant to s 60(4) of the Patents Act 1990 (Cth) - validity - lack of inventive step - whether the invention lacks an inventive step in light of the common general knowledge and prior art information pursuant to s 7(2) - ground not established PATENTS - lack…
Judge: Burley J - 26 Mar 2020:
Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2020] FCA 396
EVIDENCE - Evidentiary objections - admissibility - relevance - hearsay
Judge: O'Bryan 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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