Intellectual Property

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.

• 19 Aug 2026: Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103
  COPYRIGHT – artistic works – range of packaging for children’s snacks designed to emulate works on a competitor’s packaging – whether primary judge erred in considering abstracted features rather than undertaking a detailed side-by-side comparison of the copyright and impugned works – whether substantial part reproduced – proper role of layout and …
  Judge: BURLEY, MOORE AND OWENS JJ
• 13 Aug 2026: Origin Net Pty Ltd v Origin Energy Limited (No 2) [2026] FCA 1121
  PRACTICE AND PROCEDURE – costs of interlocutory applications – where costs ordered to be payable forthwith – whether costs should be taxed or assessed as a lump sum – costs to be assessed on a lump sum basis
  Judge: BURLEY J
• 11 Aug 2026: Agricultural and Processed Food Products Export Development Authority, Ministry of Commerce and Industry, Government of India v Registrar of Trade Marks [2026] FCA 1125
  TRADE MARKS – application for word BASMATI to be registered as a certification mark – section 177 of the Trade Marks Act 1995 (Cth) – appeal from a decision of a delegate of the Registrar of the Australian Trade Mark Office – whether certification trade mark sought is inherently adapted to distinguish goods certified by the applicant – whether…
  Judge: DOWLING J
• 5 Jun 2026: MG Homes Pty Ltd v Grocorp Homes Pty Ltd [2026] FCA 1090
  PRACTICE AND PROCEDURE – application for freezing orders – where applicants alleged various breaches of the Copyright Act 1968 (Cth) by the first and second respondents in connection with the construction of townhouses – whether applicants had established risk of dissipation – whether balance of convenience favoured the making of freezing orders – …
  Judge: MEAGHER J
• 3 Aug 2026: Skyn Pty Ltd v LifeStyles Healthcare Pte Ltd [2026] FCA 1060
  PRACTICE AND PROCEDURE – application for non-standard discovery by categories of document – intellectual property proceeding – trade marks – appeal from non-use application decision – overarching purpose of the civil practice and procedure provisions – identification of issues in the proceeding – relevance of proposed categories – fishing –…
  Judge: FEUTRILL J
• 28 Jul 2026: Bovell v State of Western Australia [2026] FCA 991
  PRACTICE AND PROCEDURE – patents – discovery – application for discovery of inventor documents said to be relevant to cross-claim for lack of innovative and inventive step, novelty and manner of manufacture – where documents relate to research and experimental work performed by the inventor – discovery not ordered
  Judge: MOORE J
• 22 Jul 2026: Universal City Studios Productions LLLP v Telstra Limited (No 2) [2026] FCA 983
  COPYRIGHT – section 115A of the Copyright Act 1968 (Cth) – application for orders requiring internet service providers to block access in Australia to target online locations – where target online locations infringe or facilitate infringement of copyright – where imminent theatrical and streaming release of copyright works gives rise to urgency –…
  Judge: BURLEY J
• 24 Jul 2026: Registrar of Trade Marks v National Cancer Foundation Limited [2026] FCAFC 95
  TRADE MARKS – revocation of registration – s 84A of the Trade Marks Act 1995 (Cth) – where Registrar of Trade Marks found that a trade mark should not have been registered as it was deceptively similar to prior registered marks pursuant to s 44 of the Act – where primary judge held there was no basis to be satisfied that the trade mark should not…
  Judge: MARKOVIC, NEEDHAM AND BENNETT JJ
• 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

• 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
  

• IP Australia
• Copyright Tribunal