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
- 10 Jan 2020:
Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 3) [2020] FCA 7
PRACTICE AND PROCEDURE - application for extension of period of non-disclosure orders - extension granted
Judge: Yates J - 10 Jan 2020:
Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia [2020] FCA 6
PRACTICE AND PROCEDURE - application for permanent stay of patent infringement proceedings - where earlier proceeding was brought by the applicant against the first respondent for infringement of a particular but now expired patent - where current proceeding is for infringement of another patent in force at the time of the earlier proceeding -…
Judge: Yates J - 8 Jan 2020:
Hill & Smith Holdings PLC v Safe Barriers Pty Ltd (No 2) [2020] FCA 8
PRACTICE AND PROCEDURE - application to amend pleadings - application to join parties, including parties in the Republic of Singapore - application for leave to serve outside Australia
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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