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
- 20 Sep 2019:
Community First Credit Union Limited v Bendigo and Adelaide Bank Limited [2019] FCA 1553
TRADE MARKS - application for rectification of the Register of Trade Marks pursuant to s 88(1) of the Trade Marks Act 1995 (Cth) (TM Act) by removing or cancelling the mark COMMUNITY BANK and device mark and orders pursuant to s 97 or s 101 of the TM that the marks be removed from the Register - whether pursuant to s 88(2)(a) of the TM Act…
Judge: Markovic J - 17 Sep 2019:
Dyno Nobel Inc v Orica Explosives Technology Pty Ltd (No 2) [2019] FCA 1552
EVIDENCE - objection to evidence under s 59 of the Evidence Act 1995 (Cth) - whether print outs of archived webpages on the "Wayback Machine" are business records under s 69 of the Evidence Act - where the Court found that the evidence were not business records - whether to admit evidence under the discretion conferred by s 190 of the Evidence Act …
Judge: Burley J - 13 Sep 2019:
Encompass Corporation Pty Ltd v InfoTrack Pty Ltd [2019] FCAFC 161
PATENTS - validity - computer-implemented method and apparatus for displaying information - whether invention as claimed is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies PATENTS - validity - innovative step - whether claimed invention supported by an innovative step - whether additional innovative steps…
Judge: Allsop CJ, Kenny, Besanko, Nicholas and Yates JJ
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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