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
- 16 Jul 2026:
The Pops Group Pty Ltd as trustee for The Pool Shops Trust v Pro Pool Services Pty Ltd (No 2) [2026] FCA 912
TRADE MARKS – Application for relief under s 126 of the Trade Marks Act 1995 (Cth) in respect of alleged infringement of registered marks containing the words Pool Pro – where respondent company named Pro Pool Services – whether respondent abbreviated name to Pro Pool – whether Pro Pool substantially identical with or deceptively similar to Pool…
Judge: DERRINGTON J - 9 Jul 2026:
Universal City Studios Productions LLLP v Telstra Limited [2026] FCA 899
PRACTICE AND PROCEDURE – application for urgent interlocutory injunction – where applicants seek site blocking and ancillary orders against carriage service providers – prima facie case established – balance of convenience favours grant of interlocutory injunction – orders made requiring carriage service providers to disable access to 32 streaming …
Judge: STELLIOS J - 6 Jul 2026:
Shlomi v Anything4Views Pty Ltd [2026] FCA 873
PRACTICE AND PROCEDURE – application for further security for costs – where security for costs previously ordered by consent as a result of binding agreement between parties – where consent orders provide liberty to seek further security after filing of evidence – where evidence has not yet been filed – where additional costs incurred in discovery …
Judge: JACKMAN 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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