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
- 20 Sep 2022:
Rakman International Pty Limited v Boss Fire & Safety Pty Ltd (No 2) [2022] FCA 1113
COSTS - whether costs should be awarded on an indemnity basis in light of failures to accept offers of compromise PRACTICE AND PROCEDURE - form of final orders - application for injunction restraining applicants/cross-respondents from making representations found to constitute misleading or deceptive conduct - injunction refused
Judge: Yates J - 13 Sep 2022:
Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2022] FCAFC 157
TRADE MARKS - appeal - infringement - deceptive similarity - whether, in determining deceptive similarity, the primary judge erred in not taking into account the factual distinctiveness of the appellant's marks at their respective filing dates - whether primary judge erred in finding the respondents had not used JAZZ CORNER OF THE WORLD and JAZZ…
Judge: Yates, Abraham and Rofe JJ - 9 Sep 2022:
Puma SE v Caterpillar Inc [2022] FCAFC 153
TRADE MARKS - application for leave to appeal from a single judge of the Court pursuant to s 195(2) of the Trade Marks Act 1995 (Cth) - whether primary judge erred in finding grounds of opposition pursuant to ss 44 and 60 of the Trade Marks Act 1995 (Cth) were made out - whether trade mark deceptively similar to prior registered mark - whether…
Judge: Nicholas, Rofe and McElwaine JJ
Latest Speeches & Papers
- 24 Sep 2021:
The prior use defence and exhaustion doctrine in intellectual property law
Presented virtually at the launch event of issue 44(2) of the University of New South Wales Law Journal by Justice Rares. - 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. - 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:
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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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