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
- 9 Jul 2020:
Vehicle Monitoring Systems Pty Ltd v SARB Management Group Pty Ltd (No 2) [2020] FCA 961
PRACTICE AND PROCEDURE - form of final orders - unsuccessful appeal from opposition to a standard patent pursuant to s 60(4) of the Patents Act 1990 (Cth) - application for stay of orders pending outcome of application for leave to appeal and, if granted, appeal - stay granted COSTS - whether costs should follow the event - where offer made by the …
Judge: Burley J - 3 Jul 2020:
Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116
PATENTS - infringement - Swiss type claims - whether mental element imported into claims - whether it is necessary to establish manufacturer's intention to prove infringement - discussion of correct approach to determining infringement PATENTS - validity - lack of novelty - prior publication of documents - correct test for determining lack of…
Judge: Middleton, Jagot, Yates, Beach and Moshinsky JJ - 26 Jun 2020:
Siemens Industry Software Inc v Telstra Corporation Limited [2020] FCA 901
PRACTICE AND PROCEDURE - application for preliminary discovery to ascertain description of prospective respondents pursuant to r 7.22 of the Federal Court Rules 2011 (Cth) - legal test to be applied - prospective copyright infringement - privacy issues - application granted
Judge: Burley 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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