Australia’s lower court to hear trade mark and design rights cases
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Australia’s lower court to hear trade mark and design rights cases

The Federal Circuit Court now has jurisdiction over trade marks and designs

The lower-level Federal Circuit Court, previously known as the Federal Magistrates Court, has full legal and equitable jurisdiction over the matters before it.

The Federal Circuit Court has had jurisdiction over copyright claims since 2003, and is seen by many practitioners as a cost-effective forum for smaller matters.

The Intellectual Property Laws Amendments Bill 2013 introduced in May would also give the Federal Circuit Court jurisdiction over disputes involving plant breeder’s rights.

Andrew Blattman of Spruson & Ferguson and Hamish Fraser of Truman Hoyle both say that the lower costs and speedier procedures of the Federal Circuit Court make it an ideal forum for most plant breeder’s rights cases, since they tend to less complex than patent cases.

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