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
- 2 Aug 2021:
BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (No 3) [2021] FCA 884
PRACTICE AND PROCEDURE - application to extend time for prospective respondents to comply with preliminary discovery orders made pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) - application to clarify scope of preliminary discovery orders - whether discovery that has been given is sufficient - whether the prospective respondents' list of …
Judge: Yates J - 30 Jul 2021:
Thaler v Commissioner of Patents [2021] FCA 879
PATENTS - artificial intelligence - machine learning - artificial neural networks - invention produced by a computer - semi-autonomous systems - concept of inventor - whether a machine can be an inventor - whether only a human can invent - device for the autonomous boot-strapping of unified sentience (DABUS) - invention created by DABUS in the…
Judge: Beach J - 29 Jul 2021:
Skelin v Self Care Corporation Pty Ltd [2021] FCA 888
PRACTICE AND PROCEDURE - applications to stay hearing of Federal Circuit Court proceedings - where applicant seeks leave to appeal from decision of Federal Circuit Court judge granting leave to amend a pleading - where applicant seeks leave to appeal from decision of Federal Circuit Court judge rejecting application to recuse herself on the basis…
Judge: Burley 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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