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 Jan 2023:
Fensom v Jake Ryan Media Group Pty Ltd [2023] FCA 7
Judge: Colvin J - 23 Dec 2022:
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability) [2022] FCA 1585
PATENTS - Applicant patentee of three method patents relating to digital mobile radios ('DMR') using Time Division Multiple Access ('TDMA') to divide frequency channel - disputed constructions - fair basing - inventive step - identification of inventive step in claims - manner of manufacture - stare decisis - whether Aristocrat Technologies…
Judge: Perram J - 21 Dec 2022:
The Pokemon Company International, Inc v Pokemon Pty Ltd [2022] FCA 1561
PRACTICE AND PROCEDURE - claimed contraventions of Australian Consumer Law - application for interlocutory injunction and discovery orders - s 232 Australian Consumer Law - where applicant seeks to restrain respondents and related entities from representing licence to develop Pokemon Games or affiliation with Pokemon Company International, Inc…
Judge: Collier J
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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