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
- 22 Jul 2021:
Howden Australia Pty Ltd v Minetek Pty Ltd (Implied Undertaking and Forensic Images) [2021] FCA 838
PRACTICE AND PROCEDURE - application by Respondents for production of forensic images and release from implied undertaking - where Respondents not in possession of images
Judge: Perram J - 19 Jul 2021:
Campaigntrack Pty Ltd v Real Estate Tool Box Pty Ltd [2021] FCA 809
COPYRIGHT - alleged infringement of copyright in a cloud-based real estate marketing software - whether copyright subsisted in the source code, database, database tables, menu and PDF files of the software - whether the applicant owned the copyright - whether respondents infringed copyright - held the third respondent infringed copyright in some…
Judge: Thawley J - 16 Jul 2021:
Dollinger Filtration Ltd v Laminar Air Flow Pty Ltd [2021] FCA 817
PRACTICE AND PROCEDURE - pleadings - application for leave to amend defence - whether amendment sought to resile from previous admission - where no explanation of how or why admission came to be pleaded - where no evidence that the amendment sought would correct an error - where investigation of matter put in issue by sought amendment might be…
Judge: Stewart 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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