Australia: Intellectual Property

The Full Federal Court of Australia has handed down its appeal decision in Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 which provides guidance regarding the application of copyright infringement principles to the packaging of look-alike products.

IP Australia has released its annual Australian IP Report (Report), analysing 2025 filing data for patents, trade marks, design rights and plant breeder’s rights and identifying trends in Australia’s intellectual property (IP) landscape and economy more broadly.

Prime Minister Albanese's speech on 15 July 2026 marked a decisive shift in Australia's approach to artificial intelligence, from voluntary guidance to mandatory national regulation. The announcement establishes Australian Standards for AI, copyright licensing requirements, a national planning framework for data centres, energy obligations, and workplace protections—all underpinned by the concept of sovereign AI.

Eminem's trademark battle with Australian beachwear brand Swim Shady has taken a significant turn as IP Australia ruled to cancel his SHADY trademark registrations for bags and clothing.

Under the PBR Act, applications for plant breeder’s rights (PBR) are filed with and examined by IP Australia (through the Plant Breeder’s Rights Office).

Australia's refusal to introduce a text and data mining exemption for AI training has sparked a high-stakes confrontation between global AI companies promising billions in infrastructure investment and creative industries fighting to preserve copyright protections.

Following a landmark Australian Federal Court decision, IP Australia has updated its guidance on patentable subject matter for computer-implemented inventions. The first Patent Office decision applying this new approach reveals critical distinctions in how technical features must be claimed to secure patent protection for software-based innovations in mining and industrial applications.

IP Australia has released its annual Australian IP Report (Report), analysing 2025 filing data for patents, trade marks, design rights and plant breeder’s rights and identifying trends in Australia’s intellectual property (IP) landscape and economy more broadly.

Two recent Federal Court decisions clarify whether parties defending patent infringement claims can raise invalidity grounds they didn't pursue in earlier opposition proceedings. The rulings address when issue estoppel applies to claim construction findings and whether grounds like insufficiency can be re-argued on different factual bases.

The recent Hugging Face/OpenAI incident reveals critical lessons about AI agent security and confidential information exposure. When AI systems gain access to internal repositories containing source code, patent materials, and trade secrets, businesses face unprecedented risks that require deliberate controls and IP-focused governance before deployment.

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

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