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
- 27 Oct 2026:
Janssen-Cilag Pty Ltd v Arrotex Pharmaceuticals Pty Ltd (Interlocutory Costs) [2026] FCA 1611
COSTS – costs of interlocutory application by non-parties – where application withdrawn in the course of oral argument – where non-parties acted unreasonably in commencing and pursuing interlocutory application
Judge: JACKMAN J - 7 Sep 2026:
Hytera Communications Corporation Ltd v Motorola Solutions Inc (No 2) [2026] FCAFC 122
COPYRIGHT – infringement – reproduction of a substantial part – source code for firmware in digital mobile radios – whether firmware imported into Australia, and made available for download, was an adaptation of a substantial part of the respondent's works – whether the totality of the source code copied by the appellants was a substantial part of …
Judge: BEACH, O'BRYAN AND ROFE JJ - 20 Oct 2026:
OrthAlign, Inc v Navbit Pty Ltd [2026] FCA 1542
PATENTS – innovation patent for a hip navigation system comprising an impactor adapter and an inertial navigation device – claim construction – infringement – validity PATENTS – infringement – whether respondent’s device has a clamp comprising a first clamp member and a second clamp member opposite the first clamp member – whether respondent’s…
Judge: O'BRYAN J
Latest Speeches & Papers
- 7 Mar 2026:
Common counts, common law and common sense
Speech presented to the Symposium on Australian Restitution in the 21st Century.
- 3 Dec 2025:
Innovation
Speech presented at the Intellectual Property Society of Australia and New Zealand
- 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.
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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