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
- 15 Nov 2019:
Technological Resources Pty Limited v Tettman [2019] FCA 1889
PATENTS - hearing de novo - common general knowledge of skilled addressee - claimed methods and apparatus for identifying and separating mined material on a bulk basis - upgrading low grade iron ore - meaning of "grade" and "direct assessment" in patent application - whether patent application involves a manner of manufacture pursuant to s…
Judge: Jagot J - 13 Nov 2019:
Vald Performance Pty Ltd v Kangatech Pty Ltd [2019] FCA 1880
PATENTS - consideration of the question of costs payable on the reconstitution of the proceeding having regard to the question of whether the applicant is an exclusive licensee of the patentee for the purposes of the Patents Act 1990 (Cth)
Judge: Greenwood J - 11 Nov 2019:
Howden Australia Pty Ltd v Minetek Pty Ltd (No 3) [2019] FCA 1851
PRACTICE AND PROCEDURE - application for orders that the respondents file and serve an affidavit explaining the steps they had taken to comply with an earlier order that they preserve and not alter, destroy, erase or otherwise part with certain documents - application for orders that the respondents make available for forensic imaging their…
Judge: Robertson J
Latest Speeches & Papers
- 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. - 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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