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
- 30 Jul 2025:
Watson Webb Pty Ltd v Comino [2025] FCA 871
DESIGN – entitlement – identification of co-designer for purposes of s 13(1)(a) of the Designs Act 2003 (Cth) (Designs Act) – whether first respondent was only person whose mind conceived relevant shape, configuration, pattern or ornamentation applicable to article in question and reduced it to visible form – where design combined features that…
Judge: HALLEY J - 29 Jul 2025:
Oxford Nanopore Technologies Plc v MGI Australia Pty Ltd (No 2) [2025] FCA 869
COSTS – whether prospective applicant should pay prospective respondent’s costs thrown away by vacation of hearing date – where hearing of preliminary discovery application stayed due to prospective applicant independently acquiring materials subject of application – where prospective applicant may commence substantive proceedings – where…
Judge: JACKMAN J - 15 Jul 2025:
Bickford’s Australia Pty Ltd v Trink Tank Pty Ltd (No 2) [2025] FCA 839
COSTS — where respondent reserved the right to make further submissions on costs depending on the decision of its interlocutory application — where Court heard further argument on costs — whether orders previously made should be set aside — costs orders confirmed — interlocutory application dismissed
Judge: O'SULLIVAN 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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