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:

• Patents and Associated Statutes
• Trade Marks
• Copyright & Industrial Design

Latest Judgments

• 11 Sep 2024: Stasiuk v Monster Energy Au Pty Ltd (No 3) [2024] FCA 1052
  COSTS - application for award of costs in a lump sum, including indemnity costs - whether costs should be awarded on an indemnity basis following offers of settlement - whether costs should be awarded in a lump sum - whether costs should be awarded for enforcement of costs order in foreign jurisdiction Held: costs awarded in a lump sum including…
  Judge: Nicholas J
• 3 Sep 2024: Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 4) [2024] FCA 1006
  COSTS - application for review of a decision of a Registrar of the Court as to the quantum of costs payable pursuant to a lump sum award - requirement for a de novo hearing on the question of quantum - whether the question of quantum should be referred to an experienced costs lawyer for inquiry and report - relevant considerations
  Judge: O'Bryan J
• 30 Aug 2024: Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2024] FCA 987
  PATENTS - application for leave to appeal under s 158(2) of the Patents Act 1990 (Cth) - appeal from remitted decision flowing from High Court equally divided opinion - application of s 23(2)(a) of the Judiciary Act 1903 (Cth) - where proposed grounds of appeal arguable and issues sought to be raised are novel
  Judge: O'Bryan J

Latest Speeches & Papers

• 1 Sep 2024: Remedies in intellectual property law in Australia post-Redbubble
  Presented at the Intellectual Property Society of Australia and New Zealand annual conference, New Zealand, by Justice Downes.
  
• 1 Mar 2018: Ongoing patent infringement: Is injunctive relief an inevitable outcome? (Abstract)
  Presented at the Journal of Equity Conference on 1 March 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.