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
- 18 Jul 2024:
Care A2 Plus Pty Ltd (Receiver Appointed) v The a2 Milk Company Limited [2024] FCA 782
PRACTICE AND PROCEDURE - form of orders COSTS - application for costs arising from interlocutory applications to be made payable forthwith - where applicant has failed to comply with orders to pay security for costs - consideration of whether extenuating circumstances were present which warranted departure from the general position under r 40.13…
Judge: Rofe J - 17 Jul 2024:
Glass Hardware Australia Pty Ltd v TCT Group Pty Ltd [2024] FCAFC 95
PATENTS - innovation patent relating to hinges - infringement - validity - whether primary judge erred in the proper construction of the invention disclosed PATENTS - validity - lack of clear and complete description - classical sufficiency - "relevant range" - s 40(2)(a) of the Patents Act 1990 (Cth) - whether primary judge erred in finding…
Judge: Yates, Charlesworth and Rofe JJ - 17 Jul 2024:
Sunnya Pty Ltd v FPA Group Ltd [2024] FCA 774
COSTS - where leave granted by consent to discontinue proceeding before trial on condition applicant pay respondents' costs - where statement of claim made allegations tantamount to fraud which were withdrawn and contradicted in amended statement of claim - where respondents alleged that proceeding had no reasonable prospects of success and/or…
Judge: Katzmann 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.
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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