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

• 23 Dec 2020: Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc [2020] FCAFC 235
  TRADE MARKS - appeal - deceptive similarity - whether primary judge erred in finding DOWN-N-OUT deceptively similar to IN-N-OUT BURGER - appeal dismissed TRADE MARKS - cross-appeal from finding that directors not liable as joint tortfeasors with company for trade mark infringement - cross-appeal allowed CONSUMER LAW - misleading or deceptive…
  Judge: Nicholas, Yates and Burley JJ
• 22 Dec 2020: Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 6) [2020] FCA 1866
  PRACTICE AND PROCEDURE -- interlocutory application for leave to file and serve a Further Amended Defence and a Second Further Amended Statement of Cross-Claim -- where opposition to the application is limited to an amendment to the Cross-Claim raising a plea of a lack of entitlement in relation to two patents -- consideration of the nature of the …
  Judge: Besanko J
• 22 Dec 2020: Axent Holdings Pty Ltd t/a Axent Global v Compusign Australia Pty Ltd [2020] FCA 1835
  COSTS - whether costs should be apportioned to account for parties' respective success on issues - 5% reduction of respondents' costs of infringement claim - no apportionment of cross-claim - Calderbank offer - whether respondent entitled to indemnity costs - no order for indemnity costs - whether costs should be ordered on a lump-sum basis -…
  Judge: Kenny 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.