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
- 29 May 2023:
Firstmac Limited v Zip Co Limited [2023] FCA 540
TRADE MARKS - infringement claim pursuant to s 120 of the Trade Marks Act 1995 (Cth) - whether the infringing marks are substantially identical with, or deceptively similar to, the applicant's mark - defence under s 122(1)(f) and (fa) of the Act - whether respondents would obtain registration of the infringing marks if they were to apply for it on …
Judge: Markovic J - 26 May 2023:
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Final Orders) [2023] FCA 546
PRACTICE AND PROCEDURE - formulation of orders to give effect to the reasons for judgment in Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability) [2022] FCA 1585
Judge: Perram J - 26 May 2023:
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Redaction of Judgment) [2023] FCA 545
PRACTICE AND PROCEDURE - redactions to be applied to reasons for judgment in Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability) [2022] FCA 1585
Judge: Perram 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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