FYI:
Litigation – Class Actions and Litigation Funding
03 Nov 2011
Parliament's Commerce Committee has recommended that the Government take steps to allow class actions, and regulate third party litigation funders in New Zealand...
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Commercial Litigation – Trans-Tasman Proceedings: A Narrowing "Ditch"
14 Sep 2010
On 24 July 2008 the New Zealand and Australian Governments signed the "Trans-Tasman Agreement"; an agreement setting up...
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Intellectual Property – Ambush Marketing for RWC 2011 - Lining up to Lose...
10 Sep 2010
In around twelve months New Zealand will host the Rugby World Cup 2011 – easily the biggest sporting event to ever be held in New Zealand...
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FYI:
Intellectual Property
In around twelve months New Zealand will host the Rugby World Cup 2011 – easily the biggest sporting event to ever be held in New Zealand. With any major event comes the spectre of ambush marketing – where unauthorised third parties seek to 'ambush' the official sponsors by obtaining financial benefit from the event without paying to be official sponsors...
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Intellectual Property – When an Asparagus Relationship Goes Bad
08 Sep 2010
New Zealand's copyright law provides that, for certain categories of copyright works, someone who commissions, and agrees to pay for, creation of a work will be the first owner of copyright...
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Intellectual Property
New Zealand's copyright law provides that, for certain categories of copyright works, someone who commissions, and agrees to pay for, creation of a work will be the first owner of copyright. A recent Court of Appeal decision has examined what is meant by "agreement to pay" for creation of a work...
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Intellectual Property – Honey, I Over-Valued the IP! - WaikatoLink Ltd v Comvita New Zealand Ltd
08 Sep 2010
In arguably the most important case about honey this year, the High Court considered the issues arising from a failed Intellectual Property agreement between the University of Waikato's commercialisation and technology transfer company, WaikatoLink, and honey-based healthcare product manufacturer, Comvita...
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Intellectual Property – Has the patent tortoise almost reached the finish line?
01 Jun 2010
The Patents Bill, which will provide a complete re-write and reform of New Zealand’s patent law, has been reported back from Parliament’s Commerce Select Committee and is heading for its second reading in Parliament...
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FYI:
Intellectual Property
The Patents Bill, which will provide a complete re-write and reform of New Zealand’s patent law, has been reported back from Parliament’s Commerce Select Committee and is heading for its second reading in Parliament. And in a new twist on the old fable, the Select Committee has added a few hare-like twists to this tortoise of a piece of legislation...
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FYI:
On Your Marks – Simpson Grierson’s Intellectual Property Update
12 Apr 2010
- Lookalike Products? Europe and Australia – Not So Alike
– Patents – To Amend or Not to Amend...
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On Your Marks
- Lookalike Products? Europe and Australia – Not So Alike
– Patents – To Amend or Not to Amend. Let’s Not Decide
– Leading a Horse to Water and Making the Calf Drink
– Remedies Corner: Compound Interest on an Account of Profits
– Team News: New Zealand’s Leading Intellectual Property Law Firm
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FYI:
On Your Marks – Visual Artists to Get More Share in the Spoils
19 Aug 2009
For emerging visual artists, the price tags for their new pieces of work will generally be low. Only when an artist's work becomes well known will the work generate a higher value...
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On Your Marks – Omnibus Amendment Bill and Patents Bill Receive First Readings
13 May 2009
The Trade Marks (International Treaties and Enforcement) Amendment Bill proposes a number of amendments to the Trade Marks Act 2002 and the Copyright Act 1994...
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On Your Marks – Proposed Copyright Amendments on the Scrap-Heap
13 May 2009
First for the scrap-heap was the Copyright (Artists’ Resale Right) Amendment Bill, which was withdrawn in March 2009...
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On Your Marks – Scope of Protection for Well Known Brands Considered
13 May 2009
Although the TIC TAC mark was clearly well known for mint candy products, the "stark differences" in goods meant that there was no suggestion of a trade connection, and consumers were unlikely to be confused...
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On Your Marks – Tiny Intelligence Ltd v Resport Ltd - Supreme Intelligence
13 May 2009
The Supreme Court recently affirmed the decision of the Court of Appeal in Tiny Intelligence Ltd v Resport Ltd, discussed in our April 2009 issue of On Your Marks...
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On Your Marks – Additional Damages for Copyright Infringement - They’re 'additional to damages'
08 Apr 2009
In our May 2007 issue of On Your Marks we discussed the Tiny Intelligence Ltd v Resport Ltd decision, in which the High Court ruled that the category of damages known as 'additional damages' are not available...
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On Your Marks – Pre-Emptive Measures in Patent Disputes - Declarations of non-infringement
08 Apr 2009
The High Court has recently issued a decision regarding a little known and rarely used provision of the Patents Act 1953...
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On Your Marks – High Court Acknowledges Copyright in Slogans - There’s copyright in this slogan
07 Apr 2009
Other copyright works were pleaded, but as Electropar admitted that it had infringed Sunlec's copyright in those works they were not rigorously discussed...
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On Your Marks – Government Jumps Onboard with Release of Omnibus Amendment Bill
17 Feb 2009
The introduction of the Trade Marks (International Treaties and Enforcement) Amendment Bill on 8 September 2008 signifies a move by Government to amend certain deficiencies in New Zealand's current intellectual property regime...
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On Your Marks – International Treaties
17 Feb 2009
Under the Bill, amendments to the Trade Marks Act will allow New Zealand to accede to three important international trade mark treaties – the Madrid Protocol, the Nice Agreement and the Singapore Treaty on the Law of Trade Marks...
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On Your Marks – Customs and Border Protection
17 Feb 2009
The increase in world trade has generated an unprecedented proliferation of counterfeit products. In the modern marketplace, anything that can be bought and sold can...
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On The Case – Lab Tests Wins $560M Contract Back From Medlab
06 Oct 2008
The Court of Appeal has handed the $560 million Auckland community pathology testing contract back to Lab Tests after the High Court took it off them last year...
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Stop Press – All Change - Commissioning Copyright Works
02 Oct 2008
New Zealand's Parliament is poised to make a radical change to the rules about copyright ownership. This move will turn current expectations and understandings on their head for a wide and diverse range of industries...
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On Your Marks – New Zealand Joins Anti-Counterfeiting Negotiations
19 Aug 2008
The Anti-Counterfeiting Trade Agreement will establish a common standard for the global enforcement of intellectual property rights, particularly in the context of counterfeit and pirated products...
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On Your Marks – Patents Bill (Finally) Introduced
19 Aug 2008
After waiting the best part of two decades, the long overdue revision of New Zealand's antiquated patent legislation took a monumental step forward...
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On Your Marks – Factors Relevant to Accounts of Profits for Infringement
19 Aug 2008
This case examines the failure of the trade mark owner to act promptly to protect its rights in the Hefty trade marks and the impact of that delay on the amount of profits that is recoverable...
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On The Case – The High Court Herceptin Debate: To Fund or Not to Fund?
27 Jun 2008
In April, in an unprecedented move, eight women suffering from breast cancer took on the might of the Crown pharmaceutical funding agency Pharmac in the High Court...
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On Your Marks – Praise for Some Guidance on Grounds for Revocation of Trade Marks for Non-Use
07 May 2008
Goodman Fielder produces a range of popular mayonnaise and salad dressings under the PRAISE brand in Australia...
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On Your Marks – Remedies Corner: Patent "Parasites" Not Destroyed
07 May 2008
In Ancare v Bayer, Ancare had applied for an interim injunction regarding what it claimed was Bayer's unlicensed use of its patented formulation for a remedy that destroys parasites in livestock...
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On Your Marks – Bad Faith: the "sleeping provision" raises some interesting questions
07 May 2008
The Neumann case concerned New Zealand Trade Mark Application No 704235 a mark incorporating a cartoon of a seated boy, accompanied by the words "El Niño Tarifa". Sons of the Desert, S.L. filed its application for the mark in November 2003...
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On Your Marks – All's Fair in our Love of Sport?
07 May 2008
When it came to the biggest international event in the rugby union calendar, the 2007 Rugby World Cup in France, it was the commercial value of the coverage on television which gave rise to a more interesting battle for many of us...
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