Australia: Intellectual Property

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.

A spread stoush in Kraft v Bega: Lessons on the assignment of unregistered trade marks and underlying goodwill

Unregistered trade marks & their associated goodwill are treated as one in the same.

PP

Pointon Partners

Fame Isn’t Everything: Australian Designer Trumps Popstar After Long-Running KATY/KATIE PERRY Trade Mark Dispute

The High Court of Australia has handed down its highly anticipated decision in Taylor v Killer Queen LLC [2026] HCA 5 in a narrow 3-2 majority, ending a decade-long trade mark battle between American pop star Katy Perry...

KG

K&L Gates LLP

Composite Trade Marks: Are they F[y]re-Proof?

This decision serves as a reminder that a registered mark may be used "within" a composite mark, and this can, in certain circumstances, still constitute "use" for the purposes of defeating removal application for non-use.

PA

Piper Alderman

Fashion designer wins: What the Katy Perry v Katie Perry decision means for Australian trade mark owners

The case concerned whether the Australian designer's registered trade mark "Katie Perry" for clothing should be removed from the Trade Marks Register due to the prior reputation of the singer's stage name "Katy Perry".

PP

Pointon Partners

High Court hands down landmark trade mark decision in Katie Perry V Katy Perry saga

SF

Spruson & Ferguson

Strategies and Lessons Learned from Recent Trademark and Counterfeiting Dispute Cases Regarding Temporary Injunctions

SF

Spruson & Ferguson

Market Exclusivity and Data Exclusivity included in Drug Administration Law revisions

SF

Spruson & Ferguson

近期商标和假冒纠纷案例中临时禁令的策略和经验教训

SF

Spruson & Ferguson

High Court Hands Down Landmark Trade Mark Decision In Katie Perry V Katy Perry Saga

SF

Spruson & Ferguson

Never Get Waived: Federal Court Rules Blanket Moral Rights Waiver Clauses Are Not Enforceable In Australia

KG

K&L Gates LLP

Strategy and lessons from recent interlocutory injunctions in trade mark and passing off disputes

SF

Spruson & Ferguson

Lessons from recent interlocutory injunctions in pharmaceutical patent cases

SF

Spruson & Ferguson

Trade Mark Protection For Alcoholic, Low Alcohol And Non-Alcoholic Beverages: Some Key Considerations

MP

Madderns Patent & Trade Mark Attorneys

NOW the final algorithm: High Court refuses special leave in Aristocrat

PA

Piper Alderman

Employment Relations Podcast #46 – Safety In The Workplace: Drug And Alcohol Testing And Policies

Australia Employment

PA

Piper Alderman

ESSENTIAL ESG SPECIAL EDITION - Responsible AI Governance: Emerging Legal Risks And Regulatory Trends

Australia Technology

CC

Corrs Chambers Westgarth

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

Cyber Security: A Month In Retrospect And Our Latest Podcast (Australia - January 2026)

Worldwide Technology

KL

Herbert Smith Freehills Kramer LLP

Removal from WhatsApp groups used for rostering can amount to dismissal

Australia About Mondaq

GC

Gilchrist Connell

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Related Country Guides

Trademark Disputes

Copyright

Never Get Waived: Federal Court Rules Blanket Moral Rights Waiver Clauses Are Not Enforceable In Australia

The Federal Court of Australia has delivered a landmark decision in McCallum v Projector Films, finding that general moral rights waivers for copyright works are not enforceable.

KG

K&L Gates LLP

Practitioners must keep pace with SE Asia's IP modernisation

Pactitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices.

SF

Spruson & Ferguson

Jacksons Drawing Supplies Pty Ltd V Jackson's Art Supplies Ltd (No 2) [2025] FCA 1127

The case reinforces the need for businesses to monitor online brand use and act promptly, while showing how the Court seeks to protect established reputations through targeted, practical remedies.

PP

Pointon Partners

New Bill To Unlock Orphan Works And Untraceable Designs

CC

Corrs Chambers Westgarth

Getty Images V Stability AI – Court Considers AI Training And Copyright

CG

Clifford Gouldson Lawyers

Buying A Business With Software At Its Core: Key Issues In Australia

KL

Herbert Smith Freehills Kramer LLP

Copyright Comparative Guide

HW

Hall & Wilcox

Australia's position on AI and copyright - text and data mining exemption rejected

SF

Spruson & Ferguson

Generative AI And IP: Key Legal Considerations For Australian Businesses

Australia Technology

CG

Clifford Gouldson Lawyers

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Licensing & Syndication

Plant breeder's rights and managed apples: what's changing in Australia

For 2026 planning, apple businesses must prioritise licensed access and strict PBR compliance across the supply chain as branded variety programs dominate the market.

MP

Madderns Patent & Trade Mark Attorneys

Practitioners must keep pace with SE Asia's IP modernisation

Pactitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices.

SF

Spruson & Ferguson

Generative AI And IP: Key Legal Considerations For Australian Businesses

Learn how existing laws apply and how to safeguard your organisation's IP rights.

Australia Technology

CG

Clifford Gouldson Lawyers

Moral Rights and Films – McCallum v Projector Films Pty Ltd

PA

Piper Alderman

Understanding intellectual property in the construction industry

Australia Real Estate

HR

Holding Redlich

Why Skyportz Is Giving Away Its Patented Vertiport Tech...... For Free

MC

Marks & Clerk

Latest Statistics In The 2025 IP Australia Intellectual Property Report

SF

Spruson & Ferguson

IP and The Gambler

MP

Madderns Patent & Trade Mark Attorneys

Intellectual property enforcement trends positive for foreign entities

SF

Spruson & Ferguson

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Patent

Market Exclusivity and Data Exclusivity included in Drug Administration Law revisions

This article reviews the scope, terms, conditions and regulatory rationale of data exclusivity and market exclusivity under these revisions, and assesses their practical impact on pharmaceutical R&D and registration strategies.

SF

Spruson & Ferguson

Lessons from recent interlocutory injunctions in pharmaceutical patent cases

An overview of recent decisions in Australia's Federal Court that shine a light on some key lessons for patent owners.

SF

Spruson & Ferguson

NOW the final algorithm: High Court refuses special leave in Aristocrat

High Court finds that computer implemented inventions can be patentable subject matter.

PA

Piper Alderman

Aristocrat case update - Special leave refused

MP

Madderns Patent & Trade Mark Attorneys

PCT Minimum Documentation Expands To Improve Search Quality

SF

Spruson & Ferguson

Practitioners must keep pace with SE Asia's IP modernisation

SF

Spruson & Ferguson

High Court favours software patents, but can applicants ‘cash-in' at IP Australia?

CC

Corrs Chambers Westgarth

New PCT pilot programme with EPO – what Australian patent applicants need to know

SF

Spruson & Ferguson

High Court Refuses Special Leave In Aristocrat Case: Full Court's Approach To Computer-implemented Inventions Affirmed

SF

Spruson & Ferguson

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Trade Secrets

Practitioners must keep pace with SE Asia's IP modernisation

Pactitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices.

SF

Spruson & Ferguson

Generative AI And IP: Key Legal Considerations For Australian Businesses

Learn how existing laws apply and how to safeguard your organisation's IP rights.

Australia Technology

CG

Clifford Gouldson Lawyers

Understanding intellectual property in the construction industry

Relevance of IP in the construction sector and highlight common issues that can arise when IP rights are not clearly understood or properly managed.

Australia Real Estate

HR

Holding Redlich

Latest Statistics In The 2025 IP Australia Intellectual Property Report

SF

Spruson & Ferguson

Intellectual property in commercial contract templates

HR

Holding Redlich

Australia | Design protection: IP Australia's bold reforms for the Digital Age

SF

Spruson & Ferguson

Being assertive comes at a price – IP Australia fee hike

M

McCabes

Game of phones: 7 things to consider when developing an app

L

LegalVision

Native Extracts v Plant Extracts: essential elements of confidential information claims

PA

Piper Alderman

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Latest Videos

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Retroactive foreign filing licences for patents

MP

Madderns Patent & Trade Mark Attorneys

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