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
- 25 Sep 2020:
Pinnacle Runway Pty Ltd v Triangl Limited (No 3) [2020] FCA 1379
COSTS - indemnity costs - where respondent successful in defence of claim of trade mark infringement and applicant successful in cross-claim - discretion as to costs - whether rejection of settlement offers unreasonable or imprudent - applicable principles in relation to indemnity costs - where settlement offers placed the offeree in a…
Judge: Murphy J - 23 Sep 2020:
JWR Productions Australia Pty Ltd v Duncan-Watt (No 4) [2020] FCA 1357
COSTS - quantification of indemnity costs - whether costs claimed by respondent unreasonable - costs claimed by respondent granted
Judge: Thawley J - 17 Sep 2020:
Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V. [2020] FCA 1333
PATENTS - appeal under s 60(4) of the Patents Act 1990 (Cth) - novelty - combination injectable formulation for controlling parasites in animals - where opponent contended that alleged invention lacked novelty based on Chinese patent application - where Chinese patent application did not describe the type of formulation intended to be made or any…
Judge: Moshinsky 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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