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
- 18 Oct 2017:
Minus v Selth (No 2) [2017] FCA 1233
COSTS - notice of estimate - failure to object to costs estimate in accordance with Rules - certificate of taxation - application for an extension of time to file notice of objection - factors relevant to exercise of discretion - acceptable explanation - arguable case - absence of prejudice - application dismissed PRACTICE AND PROCEDURE - costs -…
Judge: Logan J - 5 Oct 2017:
Myosa Pty Ltd v Resmed Limited [2017] FCA 1187
PRACTICE AND PROCEDURE – consideration of an application by the respondent to dismiss the applicant’s proceeding pursuant to s 31A(2) of the Federal Court of Australia Act 1976 and r 26.01(1)(a) of the Federal Court Rules 2011 – consideration of an application to strike out the applicant’s statement of claim in the principal proceeding –…
Judge: Greenwood J - 3 Oct 2017:
Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2017] FCAFC 158
COSTS - the Court's discretion as to costs - applicable principles - where appellant succeeded on one issue but that issue was not determinative and appeal was dismissed - where respondent accepted that some apportionment was appropriate
Judge: Greenwood, Rares and Moshinsky JJ
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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