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
- 17 Apr 2019:
Red Bull GmbH v Bullsone Co Ltd [2019] FCA 545
TRADE MARKS - application for cancellation of trade mark - where respondent failed to participate in proceedings - application for default judgment granted with costs of the proceeding and of the removal/cessation application
Judge: Allsop CJ - 17 Apr 2019:
The Dempsey Group Pty Ltd v Spotlight Pty Ltd (No 3) [2019] FCA 519
COSTS - exercise of costs discretion under s 43 of the Federal Court of Australia Act 1976 (Cth) - where applicant only partially successful at trial - where applicant's key witness lacked credibility - where respondent's pre-trial offers of settlement were for value greater than damages awarded - where damages substantially less than sought -…
Judge: Davies J - 16 Apr 2019:
Juno Pharmaceuticals Pty Ltd v Millennium Pharmaceuticals, Inc [2019] FCA 526
PRACTICE AND PROCEDURE - interlocutory application for leave to withdraw admissions - where the second respondent is registered as the owner of an Australian patent and as the exclusive licensee of an Australian patent - where the applicant supplies generic pharmaceutical products - where the applicant alleges that the second respondent's patents…
Judge: Besanko J
Latest Speeches & Papers
- 1 Mar 2018:
Ongoing patent infringement: Is injunctive relief an inevitable outcome? (Abstract)
Presented at the Journal of Equity Conference on 1 March 2018; published in the Journal of Equity in November 2018. - 19 Oct 2016:
The nature and function of intellectual property: lessons from Down Under
Presented at the Intellectual Property Society of Australia and New Zealand Inc by Justice Edelman. - 9 Sep 2016:
Recent developments in IP remedies
An edited version of speaking notes used in a presentation at the 30th Annual Conference of the Intellectual Property Society of Australia and New Zealand Inc held 9-11 September 2016 by Justice Yates.
Practice Notes
Form & Rules
The key forms and rules for commencing proceedings in this NPA are:
- Commencing patents, trade marks or copyright proceedings:
| Forms: | |
| Rules: |
|
- Commencing appeals from the Commissioner of Patents or Registrar of Trade Marks:
| Forms: |
|
| Rules: |
|
Legislation
- Patents Act 1990 (Cth)
- Trade Marks Act 1995 (Cth)
- Copyright Act 1968 (Cth)
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
