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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.

The NPA practice note sets out the arrangements for the management of intellectual property proceedings:

Other practice notes which may be relevant to this NPA include:

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

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.

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:

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:

(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:

For further procedural and case management information you should refer to the Central Practice Note and the Intellectual Property Practice Note.

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.

• 18 Sep 2025: EIS Gmbh v LELO Oceania Pty Ltd (Liability Trial) [2025] FCA 1111
  PATENTS – validity – infringement – standard patent entitled “Pressure Wave Massager” – compression wave massage device for sexual stimulation of the clitoris – construction – meaning of claim which refers to device “when used” in a specified way – whether device must be tested when used in that way – whether results of testing established…
  Judge: DOWNES J
• 16 Sep 2025: Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2025] FCAFC 131
  HIGH COURT AND FEDERAL COURT – question of correct approach to remittal and subsequent appeal – where equally divided decision of six High Court Justices resulted in preceding Full Federal Court decision being affirmed pursuant to s 23(2)(a) of Judiciary Act 1903 (Cth) – where, on remitter of Full Court’s decision, the primary judge was to…
  Judge: BEACH, ROFE AND JACKMAN JJ
• 12 Sep 2025: Jacksons Drawing Supplies Pty Ltd v Jackson's Art Supplies Ltd (No 2) [2025] FCA 1127
  INTELLECTUAL PROPERTY - contraventions of s 18, s 29(1)(g) and s 29(1)(h) of the Australian Consumer Law and passing off - declarations - appropriate form of non-pecuniary relief - format of and content of website disclaimer - disclaimer not required to be published in other media COSTS - offers made before trial commenced - applicant's rejection…
  Judge: JACKSON J
• 10 Sep 2025: Thomas v Monsoon Group Australia Pty Ltd (Costs) [2025] FCA 1106
  COSTS – costs of proceeding – appeal from Registrar of Trade Marks allowed – where submitting notice filed – where appeal was filed out of time – costs of application before the Registrar of Trade Marks
  Judge: HESPE J
• 4 Sep 2025: Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 13) [2025] FCA 1078
  PATENTS – infringement – Patents Act 1990 (Cth) s 122(1) – election between damages and account of profits – time of election – whether applicant should be compelled to make election before evidence is filed – balance between informed choice and efficient conduct of case – applicant ordered to make election within 21 days.
  Judge: BURLEY J
• 3 Sep 2025: Regeneron Pharmaceuticals, Inc. v Sandoz Pty Ltd [2025] FCA 1067
  PRACTICE AND PROCEDURE – patents – interlocutory injunction application – prima facie case – infringement – validity of patents – balance of convenience – application refused PATENTS – aflibercept – VEGF Antagonist – claim construction – infringement – infringing and non-infringing uses – novelty – inventive step – support
  Judge: ROFE J
• 2 Sep 2025: Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd (No 2) [2025] FCA 1082
  PRACTICE AND PROCEDURE – application to dispense with compliance with notice to produce – concept of relevance applicable to subpoenas also applicable to notices to produce – where documents sought unlikely to relate to issue in proceeding – compliance with notice to produce dispensed with
  Judge: JACKMAN J
• 28 Aug 2025: Miele & Cie KG v Bruckbauer (Costs) [2025] FCA 1046
  PRACTICE AND PROCEDURE – form of order COSTS – where the applicant was ultimately successful in prosecuting the proceeding – whether costs should be apportioned on an issue-by-issue basis COSTS – application for indemnity costs – Calderbank offer – whether rejection of offer was unreasonable – whether any exceptional circumstances demonstrated to…
  Judge: ROFE J
• 26 Aug 2025: Fanatics, LLC v FanFirm Pty Limited (Final Orders) [2025] FCAFC 112
  APPEAL AND NEW TRIAL – form of orders following appeal – where appellant was partially successful – where costs orders made previously
  Judge: BURLEY, JACKSON AND DOWNES JJ
• 22 Aug 2025: Paige LLC v Sage and Paige Collective Pty Ltd (Costs) [2025] FCA 988
  COSTS – application for indemnity costs – rejection of walk away offers not unreasonable in the circumstances – appellant’s case reasonably and properly arguable –application for indemnity costs dismissed
  Judge: NEEDHAM J

• 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
  

• IP Australia
• Copyright Tribunal