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
- 4 Jun 2026:
Byrnecut Australia Pty Ltd v Develop Global Ltd [2026] FCA 738
PRACTICE AND PROCEDURE – application to strike out various paragraphs of the Amended Statement of Claim – whether information claimed to be confidential is identified with sufficient specificity – whether lack of specificity can be remedied by identifying information which is not claimed to be confidential – strike out allowed in part –…
Judge: JACKMAN J - 26 May 2026:
AstraZeneca AB v Pharmacor Pty Ltd (No 4) [2026] FCA 663
PRACTICE AND PROCEDURE – patents – discovery – application for discovery of documents said to be relevant to inventive step case based on failure to satisfy the selection patent principles claimed to form part of Australian law – where documents relate to work performed by inventors – limited discovery ordered
Judge: DOWNES J - 27 May 2026:
On Clouds GmbH v Cyclonic, Inc [2026] FCA 647
TRADE MARKS – where the Delegate rejected an opposition brought by the appellant – appeal from the Delegate’s decision – where the combined visual similarity, significant aural similarity, and shared association with the idea of a cyclone give rise to a real, tangible risk that some consumers will wonder whether the marks originate from the same…
Judge: LENEHAN 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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