Intellectual Property update: New IP Court list to provide affordable IP dispute resolution

Aug 29, 2018

On 1 July 2018, the specialist intellectual property (IP) list was introduced to the Federal Circuit Court system with the objective of providing efficient and cost effective dispute resolution for IP matters in a more consistent and timely manner.

Key points of the new IP National Pilot Scheme are:

  • Court filing fees for initiating proceedings have been almost halved, as tabled below.
  • IP matters will now be heard by a specialist judge with specific expertise in IP law.
  • Matters are to be before the court within 3 weeks of proceedings being issued.

Table: Comparison of individual and corporate rates before and after 1 July 2018

  New fees
(from 1 July 2018)
Old fees
(prior 1 July 2018)
Individual rate $655 $1,390
Corporate rate  $1,605 $4,045

The new IP list applies to the Federal Circuit Court which has jurisdiction over the following areas of law:

  • Trade marks
  • Copyright
  • Designs
  • Consumer law (e.g. misleading or deceptive conduct)
  • Plant breeder’s rights

The initiative is intended to give litigants (especially SMEs, individuals and young innovators) greater access to the courts with less risk and reduced costs.

Being able to enforce your IP rights more efficiently and cost effectively through the new scheme, is welcome news and should assist both ‘start-up’ companies and SME’s alike.

If you have gone to the trouble and expense of registering your IP, it is important to protect it too. The new IP National Pilot Scheme now provides a forum through which this can be achieved.

More information

For more information on the new IP National Pilot Scheme, please contact Jeremy Goldman, Principal Lawyer, of KCL Law's Intellectual Property and IT practice, on (03) 8600 8886 or jgoldman@kcllaw.com.au.

Note: This update is a guide only and is not intended to constitute legal advice.

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