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
- 13 Dec 2024:
Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443
INTELLECTUAL PROPERTY - application for interlocutory injunction on grounds of contravention of ss 18 and 29 of the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)), passing off and infringement of a registered trade mark under s 120 of the Trade Marks Act 1995 (Cth) - consideration of relevant factors - prima facie…
Judge: Rofe J - 12 Dec 2024:
Cipla Australia Pty Ltd v Novo Nordisk A/S [2024] FCA 1414
PATENTS - patent for formulations of liraglutide - validity of extension of term of patent - where application for extension must concern a patent which discloses a 'pharmaceutical substance per se' under s 70 of the Patents Act 1990 - whether 'pharmaceutical substance' includes formulations of active ingredients and excipients - whether…
Judge: Perram J - 9 Dec 2024:
Directed Electronics OE Pty Ltd v Isuzu Australia Limited (No 3) [2024] FCA 1413
PRACTICE AND PROCEDURE - form of orders - failed interlocutory application to stay substantive proceeding COSTS - costs arising from failed interlocutory application seeking to stay substantive proceeding - whether costs should follow the event or be costs in the cause - whether conduct of the first respondent warrants the award of indemnity costs …
Judge: Rofe J
Latest Speeches & Papers
- 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
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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