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
- 1 Dec 2023:
The Pokemon Company International, Inc v Pokemon Pty Ltd (No 2) [2023] FCA 1507
PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) - where application and supporting material not yet served on third respondent - whether hearing of application should proceed
Judge: Yates J - 24 Nov 2023:
The Epoch Holding Group Pty Ltd v Katz [2023] FCA 1468
COSTS - whether costs order should be made - where, if costs order made, whether costs should be payable forthwith following the dismissal of an interlocutory application - where the application concerns access to documents - where the application has been rendered otiose by reason of access to documents being provided without final determination…
Judge: Cheeseman J - 24 Nov 2023:
Allied Pumps Pty Ltd v LAA Industries Pty Ltd [2023] FCA 1457
PATENTS - innovation patent - power and control system for a dewatering submersible pump - claim construction - validity - infringement PATENTS - novelty - prior acts as disclosures - where commercial hire of systems to customer before priority date - where hired systems were used by customer without restriction - where customer conducted its own…
Judge: Downes 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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