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
- 11 Jul 2025:
Toyota Jidosha Kabushiki Kaisha v OZI4x4 Pty Ltd [2025] FCA 768
Catchwords: PRACTICE AND PROCEDURE – request by party to issue a subpoena against a non-party foreign corporation and for substituted service of that subpoena outside Australia – proposed recipient a Singapore company – request refused
Judge: HILL J - 7 Jul 2025:
Aristocrat Technologies Australia Pty Limited v Light & Wonder, Inc. (No 3) [2025] FCA 775
PRACTICE AND PROCEDURE – r 30.01 of the Federal Court Rules 2011 (Cth) – whether appropriate to make orders for separate determination of issues of liability and quantum – where close relationship between pecuniary and non-pecuniary relief sought – where separation of issues not suitable to nature of relief sought – where hearing to be conducted…
Judge: BURLEY J - 10 Jul 2025:
Paige LLC v Sage and Paige Collective Pty Ltd [2025] FCA 750
TRADE MARKS – whether composite marks containing the registered mark and other words (Opposed Marks) deceptively similar under s 44 of the Trade Marks Act 1995 (Cth) – whether the appellant’s trade mark acquired a reputation in Australia before the Priority Date and because of that reputation would likely deceive or cause confusion under s 60 of…
Judge: NEEDHAM 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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