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
- 22 Nov 2019:
Repipe Pty Ltd v Commissioner of Patents [2019] FCA 1956
PATENTS - validity - manner of manufacture under s 18(1A)(a) of the Patents Act 1990 (Cth) - Encompass Corporation Pty Ltd v InfoTrack Pty Ltd (2019) 145 IPR 1 applied - whether the patents, methods and systems for providing and receiving information for risk management in the field, are patentable subject matter - nature of the technical…
Judge: McKerracher J - 18 Nov 2019:
F45 Training Pty Ltd v Body Fit Training Company Pty Ltd [2019] FCA 1911
PRACTICE AND PROCEDURE - application for preliminary discovery - where application for preliminary discovery dismissed following voluntary production of documents by respondent after commencement of proceeding - where substantive proceeding subsequently commenced - appropriate costs order
Judge: Nicholas J - 15 Nov 2019:
Technological Resources Pty Limited v Tettman [2019] FCA 1889
PATENTS - hearing de novo - common general knowledge of skilled addressee - claimed methods and apparatus for identifying and separating mined material on a bulk basis - upgrading low grade iron ore - meaning of "grade" and "direct assessment" in patent application - whether patent application involves a manner of manufacture pursuant to s…
Judge: Jagot 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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