Appendix C1: Appeals of decisions
Commissioner of Patents
In 2020–21, 7 appeals were filed with the Federal Court and the Administrative Appeals Tribunal from decisions originating with the Commissioner of Patents. As of 30 June 2021, 3 of the 7 matters have been finalised and 4 remain open. The Commissioner is the respondent in one of the open matters – the appeal to the Full Court of the Federal Court by Repipe Pty Ltd of the decisions of the Federal Court in Repipe Pty Ltd v Commissioner of Patents [2019] FCA 1956 and Repipe Pty Ltd v Commissioner of Patents (No. 3) [2021] FCA 31.
Registrar of Trade Marks
In 2020–21, there were 19 new appeals from decisions of the Registrar of Trade Marks, involving 24 trade marks. As of 30 June 2021, 17 of the 19 appeals went to the Federal Court, one to the Federal Circuit Court and one to the Administrative Appeals Tribunal. Thirty appeals were finalised during the year and 21 of those appeals were initiated before July 2020. There were no new design appeals. One designs matter was finalised.
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https://www.transparency.gov.au/annual-reports/ip-australia/reporting-year/2020-21-58