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 three Sub-areas in the Intellectual Property NPA are:
Patents and Associated Statutes Sub-area
- Patent disputes concerning the exclusive right to commercially exploit inventions (inventive devices, substances, methods or processes).
- Other disputes, including disputes concerning plant breeder's rights in new and distinct varieties of plants.
Trade Marks Sub-area
- Any trade mark dispute, with respect to validity of a trade mark and/or distinguishing goods and services (including in respect of a letter, number, word, phrase, sound, smell, shape, logo, picture and packaging).
- "Geographical indication" disputes involving a geographical indication or other term signifying a related attribute of goods.
- An appeal from a decision of the Registrar of Trade Marks.
Copyright and Industrial Design Sub-area
- Copyright disputes concerning works such as books, computer programs, architectural drawings, musical and artistic works and other subject matter such as films and sound recordings.
- Design disputes concerning the distinctive shape, configuration, pattern or ornamentation of products in an industrial or commercial context.
- Other disputes, including circuit layout disputes concerning layout designs for integrated circuits and computer chips.
Practice Notes
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
The NPA practice note sets out the arrangements for the management of intellectual property proceedings:
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Other practice notes which may be relevant to this NPA include:
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Forms, Rules & Fees
Filing fees for commencing a proceeding in this NPA may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.
Parties should consider whether it is necessary to file a Genuine steps statement (Form 16) in certain proceedings in this NPA - see r 8.02 of the Federal Court Rules 2011 (Cth) and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).
The most commonly used forms and rules relating to intellectual property proceedings are:
1. Commencing intellectual property proceedings
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(Refer to paragraph 4.3 of Intellectual Property Practice Note) |
2. Appeals from the Commissioner of Patents or Registrar of Trade Marks
A party who wants to appeal from a decision of the Commissioner of Patents or the Registrar of Trade Marks must file a Notice of appeal within 21 days of the date of the decision.
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3. Applications under the Plant Breeder's Rights Act 1994
A claim for infringement of plant breeder's rights under the Plant Breeder's Rights Act 1994 (Cth), may be commenced in the Federal Court by filing:
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4. Applications under the Circuit Layouts Act 1989
Disputes concerning layout designs for integrated circuits and computer chips include:
(a) Determination of equitable remuneration
A party may apply to the Court under section 20(2) of the Circuit Layouts Act 1989 (Cth) for a determination of equitable remuneration in relation to an eligible layout by filing:
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(b) Determination of the terms of the doing of an act
A party may apply to the Court under section 25(4) of the Circuit Layouts Act 1989 for a determination of the terms of the doing of an act in relation to an eligible layout by filing:
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For further procedural and case management information you should refer to the Central Practice Note and the Intellectual Property Practice Note.
Legislation
The Intellectual Property NPA comprises any proceeding relating to the following:
- A patent granted under the Patents Act 1990 (Cth)
- A trade mark registered under the Trade Marks Act 1995 (Cth)
- Copyright under the Copyright Act 1968 (Cth)
- A registered design / design under: the Designs Act 2003, the Advance Australia Logo Protection Act 1984 (Cth) or the Olympic Insignia Protection Act 1987 (Cth)
- Eligible layout rights under the Circuits Layout Act 1989 (Cth)
- Plant breeder's rights under the Plant Breeder's Rights Act 1994 (Cth)
- A geographical indication or other term registered under the Australian Grape and Wine Authority Act 2013 (Cth)
- Other proceedings under those statutes.
Latest 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 - 26 May 2026:
Nalco Company v Cytec Industries Inc [2026] FCAFC 72
PATENTS — patent application for method of reducing aluminosilicate scale in the Bayer process — appeal under s 60(4) of the Patents Act 1990 (Cth) from a decision of a delegate of the Commissioner of Patents — claim construction — whether claims include within their scope a reaction product mixture containing a single type of small silane…
Judge: BEACH, JACKSON AND JACKMAN JJ - 26 May 2026:
McCallum v Projector Films Pty Ltd (Liability Orders) [2026] FCA 653
COPYRIGHT – where liability judgment delivered - form of declaratory relief in relation to infringements of moral rights – form of order regarding form of credits appearing in documentary – Court’s power to make orders in relation to an infringement of moral rights under s 195AZA of the Copyright Act 1968 (Cth) – necessity of orders for the…
Judge: SHARIFF J - 21 May 2026:
Comino v Watson Webb Pty Ltd [2026] FCAFC 66
INTELLECTUAL PROPERTY – confidential information – challenge to finding that entire design drawing constituted confidential information – where contended that confidential information in drawing was owned by both parties by reason of finding of joint ownership of design – challenge to finding of obligation of confidence in circumstances where…
Judge: MOSHINSKY, DOWNES AND OWENS JJ - 10 Apr 2026:
Orikan Group Pty Ltd v Vehicle Monitoring Systems Pty Limited (No 2) [2026] FCA 407
PATENTS – standard patent for vehicle detection system – claim construction – infringement – validity PATENTS – claim construction – whether parties’ competing constructions are inconsistent with construction findings made in earlier opposition proceeding – whether construction findings made in earlier opposition proceeding creates an issue…
Judge: O'BRYAN J - 11 May 2026:
Deakin University v Macreadie (Final Orders) [2026] FCA 583
PRACTICE AND PROCEDURE – Form of injunctions – where injunctions sought to restrain the making of misleading and deceptive representations – where disputed element of proposed form of injunction is ancillary to other elements and corresponds to relief sought at trial – injunction granted. COSTS – Application for indemnity costs – where applicants…
Judge: WHEELAHAN J - 6 May 2026:
AstraZeneca AB v Pharmacor Pty Ltd (No 3) [2026] FCA 565
PRACTICE AND PROCEDURE – patents – amendment application to include invalidity ground concerning failure to disclose best method – amendment refused – other amendments allowed
Judge: DOWNES J - 24 Apr 2026:
Deakin University v Macreadie [2026] FCA 481
CONSUMER LAW – application for permanent injunctions pursuant to s 232 of the Australian Consumer Law restraining the respondents from representing that the second respondent is the owner of the relevant intellectual property and trade marks of the Blue Carbon Lab – application for mandatory injunction requiring the second respondent to change its …
Judge: WHEELAHAN 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.
- 1 Sep 2024:
Remedies in intellectual property law in Australia post-Redbubble
Presented at the Intellectual Property Society of Australia and New Zealand annual conference, New Zealand, by Justice Downes.
- 1 Mar 2018:
Ongoing patent infringement: Is injunctive relief an inevitable outcome? (Abstract)
Presented at the Journal of Equity Conference on 1 March 2018
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.
