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
- 12 Dec 2018:
Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988
PATENTS - standard patent - digital advertising system and method - whether claim 1 of the application disclosed a manner of manufacture within the meaning of s 18(1)(a) of the Patents Act 1990 - whether invention lay in computerisation - whether a person skilled in the art was able to implement the patent based on the specification
Judge: Robertson J - 27 Nov 2018:
Generic Health Pty Ltd v Bayer Pharma Aktiengesellschaft [No 2] [2018] FCAFC 210
COSTS - costs of the appeal
Judge: Allsop CJ, Yates and Beach JJ - 27 Nov 2018:
Hill & Smith Holdings PLC v Safe Barriers Pty Ltd [2018] FCA 1882
PRACTICE AND PROCEDURE - application for discovery - action for infringement of patent - respondent's cross-claim - allegation of false suggestion - allegation of inutility - whether proposed discovery irrelevant - whether discovery sought oppressive - whether categories too broad
Judge: Robertson J
Latest Speeches & Papers
- 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. - 23 Oct 2014:
Random observations of a Southern Judge or what does sports law have in common with patent law?
Presented at the IPSANZ Dinner, Brisbane.
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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