X-Tech:
ezine – Say Goodbye to the .coms – New Top Level Domains Are On Their Way
16 Apr 2012
The word "dotcom" has always been synonymous with the internet and domain names...
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X-Tech:
ezine
The word "dotcom" has always been synonymous with the internet and domain names. But, despite being the most popular, the .com domain has for a long time been only one of many top level domains, and a new programme from the Internet Corporation for Assigned Names and Numbers (ICANN) will see the number of available top level domains explode well into the hundreds...
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X-Tech:
ezine – Put a Clip on YouTube....Nek Minnit Someone Stole My IP
16 Apr 2012
Levi Hawken has become an internet phenomenon. All it took was a nine second YouTube clip in which he "coins" the phrase "nek minnit"...
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FYI:
Intellectual Property – Well, Mugger Be, Are Potentially Offensive Trade Marks Becoming Easier to Register in New Zealand?
28 Feb 2012
New Zealand’s trade mark laws are intended to protect consumers by prohibiting registration of offensive marks...
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FYI:
Intellectual Property – The Optus decision and the Uncertain Future of Format-Shifting
27 Feb 2012
A copyright decision in Australia’s Federal Court on 1 February over Optus’ “TV Now” service is attracting renewed attention to the ongoing debate over the legal status of format-shifting television programmes and other copyright works...
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X-Tech:
ezine – "Washing the Web's Mouth Out With SOPA": How Proposed US Anti-Piracy Measures Could Affect New Zealand
23 Feb 2012
The freely-editable online encyclopaedia, Wikipedia, is not often associated with certainty. What is certain, though, is that shutting down Wikipedia for 24 hours (thereby eliminating the world's ability to quickly settle trivial debates) will draw widespread global attention to issues previously confined to tech blogs and legal publications...
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X-Tech:
ezine – Domain Names: Illumination from 2011
23 Feb 2012
2011 was an eventful year for the New Zealand Domain Name Commission. Forty one complaints resulted in twelve decisions issued by the Experts...
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FYI:
Intellectual Property – Wai 262: Protection of Treasured Intellectual Property
15 Dec 2011
The report on the Wai 262 claim, released earlier this year by New Zealand's Waitangi Tribunal, includes a number of recommendations relating to intellectual property rights and treasured elements of Māori culture...
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FYI:
Intellectual Property – New Zealand Adopts the Madrid Protocol
13 Oct 2011
After many years of consideration, New Zealand has adopted the Madrid Protocol, simplifying the process of protecting trade marks internationally...
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FYI:
Intellectual Property – Sun Setting on .XXX Domain Blocking Period
13 Oct 2011
The 'sunrise period' during which trade mark owners can file blocking registrations for corresponding domains under the adult entertainment industry's new .xxx top level extension is due to close on 28 October 2011...
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FYI:
Intellectual Property – Caught in the Outfield: Three Strikes and You’re Out - New Zealand’s Copyright (Infringing File Sharing) Amendment Act 2011
12 May 2011
On Your Marks readers will recall the articles we have published over the past three years discussing the progress of the Copyright (New Technologies) Amendment Act 2008 (2008 Act) and the subsequent Copyright (Infringing File Sharing) Amendment Bill (Amendment Bill)...
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Feature Article:
Moving into China? – Check Your IP's in Order as Well as Your Visa
12 Apr 2011
Over the last decade, businesses have been clambering over each other to get a foot-hold in China. But going it alone is very difficult...
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Feature Article:
Moving into China?
Over the last decade, businesses have been clambering over each other to get a foot-hold in China. But going it alone is very difficult. The sheer size and complexity of the market, the need for local connections, and cultural differences, mean that many businesses are now seeking a local business partner in China – particularly those looking to manufacture for the New Zealand market...
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X-Tech:
ezine – Welcome to the April edition of our x-tech ezine
11 Apr 2011
- Force Majeure – What Happens When Disaster Strikes?
– Will New Zealand get with the Times?
– The Increasing Business Use of Facebook and its Potential Misuse by Competitors
– Mobile Messaging Services Code
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X-Tech:
ezine – Welcome to the December edition of our x-tech ezine
06 Dec 2010
- Placing Software Source Code into Escrow
– An Update on the Copyright (Infringing File Sharing) Amendment Bill
– Exceptions to Exclusions and Limitations of Liability – Gross Misconduct and Wilful Default
– Stealing Facebook (And Other Good Ideas)
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X-Tech:
ezine – Welcome to the October edition of our x-tech ezine
11 Oct 2010
- Syndicated procurement and all of government contracts – what is the difference?
– Why is that fake staring at me?
– Is there copyright in that source code?
– Privacy Act changes and some practical implications
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FYI:
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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FYI:
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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FYI:
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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FYI:
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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X-Tech:
ezine – Welcome to the August edition of our x-tech ezine
30 Aug 2010
- Estimations, Authority, Liability Caps and a Dog Called Lulu
– Contract Schedules – Where Lawyers and Technical Specialists Collide
– Managing Your Brand's Online Social Life
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X-Tech:
ezine – Welcome to the June edition of our x-tech ezine
08 Jun 2010
- You May XNotX Decompile or Reverse Engineer this Software
– Of Course We Can
– s92A Reboot: Ordinary Businesses Exempt From ISPs' New Anti-Piracy Obligations
– Software Patents Sent to the Recycle Bin
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Q&A:
Intellectual Property
02 Jun 2010
Richard Watts talks about the impact of New Zealand joining the Madrid Protocol and how it will affect brand owners in New Zealand and abroad...
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FYI:
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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FYI:
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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X-Tech:
ezine – Welcome to the April edition of our x-tech ezine
12 Apr 2010
- An Indemnity? Sorry But We Can't
– The Anti-Counterfeiting Trade Agreement Hits New Zealand
– Rural Telecommunications Strategy
– Australia: No Copyright in Telephone Directories. What Does This Mean for New Zealand?
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X-Tech:
ezine – Welcome to the February edition of our x-tech ezine
08 Feb 2010
- Luxury Brands Attempt to Hit Back At Online Marketplaces
– Copyright Myths and Online Content
– "I Want Out!" – Terminating Supply Agreements
– My Loss Came Round a Corner – Does That Make It Indirect or Consequential?
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X-Tech:
December 2009 – Copyright in Insolvency - Just Another Asset
07 Dec 2009
Copyright owners often grant licences allowing others to use their copyright works in specific ways. But when insolvency strikes and a licensee collapses...
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X-Tech:
February 2009 – International Business Disputes: Your Place or Mine?
02 Dec 2009
The internet allows people and businesses to connect with a world wide market that is potentially more accessible and far larger than might previously have been thought possible...
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X-Tech:
April 2009 – Surprise! You're an ISP
02 Dec 2009
The liability of Internet service providers for the infringing acts of their users has long been a grey area...
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X-Tech:
August 2009 – Section 92A - The Saga Continues
02 Dec 2009
The proposal releases ISPs from the obligation to have a policy to terminate the internet accounts of repeat copyright infringers...
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X-Tech:
October 2009 – Adwords - Badwords? Google Wins First Battle In Trade Mark Infringement
01 Oct 2009
In a case concerning three trade mark owners, including Louis-Vuitton, the European Court of Justice has been asked whether the use of registered trade marks as keywords in Google's Adwords advertising service amounts to trade mark infringement...
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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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FYI:
On Your Marks – Special Edition Section 92A - The Saga Continues
04 Aug 2009
On Your Marks readers (and most media-aware New Zealanders) will recall that earlier this year Section 92A was the subject of vigorous lobbying by interest groups, including a Facebook and Twitter blackout campaign which attracted international interest...
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X-Tech:
August 2009 – Proposed Reforms to Public Sector Procurement
01 Aug 2009
In June, the Government announced a reform agenda for government procurement policy and practice...
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X-Tech:
August 2009 – Outsourcing Arrangements and the Privacy Act
01 Aug 2009
The outsourcing of business functions (such as information technology and customer support/call centres) to third party providers...
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X-Tech:
August 2009 – Copyright Commissioning - Back to Basics
01 Aug 2009
As reported in our May 2009 edition of On Your Marks, the National government has dropped the Copyright Amendment Bill which proposed the abolition of the copyright commissioning rule...
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FYI:
Franchise First – Franchising regulation in New Zealand - not broken, no need to fix it
23 Jun 2009
After a ten month hiatus, the issue of franchise regulation has again hit the headlines in New Zealand. It appears it will be a fleeting visit only...
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FYI:
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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FYI:
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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FYI:
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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FYI:
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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FYI:
Franchise First – Court of Appeal decides both franchisors and franchisees are consenting adults
28 Apr 2009
The Court of Appeal recently released its decision in David & Anor v TFAC Ltd, which dealt with the fallout from a franchise relationship turned sour...
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FYI:
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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FYI:
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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FYI:
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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FYI:
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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FYI:
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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FYI:
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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X-Tech:
February 2009 – Chopping the Head off the Hydra? New Zealand's Response to Digital Music Piracy
01 Feb 2009
On 28 February 2009, the controversial provisions of the new Copyright (New Technologies) Amendment Act 2008 are likely to come into force in New Zealand...
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FYI:
Franchise First – Franchise Appeal Runs Out of Puff
19 Nov 2008
Disputes between franchisors and franchisees relating to projected franchise turnover are common...
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X-Tech:
November 2008 – A Digital Age: The Convergence of Electronic Media
01 Nov 2008
Digital technology and the convergence of broadcasting,telecommunications and the Internet are bringing significant and rapid changes to New Zealand's broadcasting environment...
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X-Tech:
November 2008 – Is That Indemnity Really Worth Fighting For?
01 Nov 2008
The question is, is this great preoccupation with indemnities really justified?...
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X-Tech:
November 2008 – Are ISPs Getting A Rough Deal? The Uncertain Position of ISPs Under the Copyright (New Technologies) Amendment Act
01 Nov 2008
Already the position of Internet Service Providers under the Act has raised some interesting questions...
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FYI:
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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FYI:
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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X-Tech:
September 2008 – The Seven Deadly Sins Of Software Licensing
01 Sep 2008
An IT licence is a simply grant of permission to do something that would otherwise infringe another's intellectual property rights...
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X-Tech:
September 2008 – Online Contracting - Making Sure It's All Wrapped Up
01 Sep 2008
The Internet age has changed the way in which many companies now contract with their customers. More than ever, companies are using the Internet to conduct business transactions...
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FYI:
Franchise First – Review of Franchising Regulation In New Zealand - If It Ain't Broke, Don't Fix It?
22 Aug 2008
The Ministry of Economic Development has released a discussion document requesting submissions on whether there is a need for specific franchise regulation in New Zealand...
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FYI:
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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FYI:
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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FYI:
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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FYI:
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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FYI:
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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FYI:
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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FYI:
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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FYI:
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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FYI:
On Your Marks – IP Team News
07 May 2008
The biggest and still growing: Simpson Grierson's IP group, already the largest and most acclaimed of any commercial law firm in New Zealand, has strengthened even more in 2008.
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X-Tech:
May 2008 – The Copyright (New Technologies) Amendment Act : Dragging Copyright Into The 21st Century
01 May 2008
After a protracted three years of debate, the Copyright (New Technologies) Amendment Act was passed on Tuesday 8 April 2008...
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X-Tech:
May 2008 – Potential Provider Liability for Online Discrimination
01 May 2008
A recent case in a United States court has found that Roommates.com, LLC, an online forum allowing people to advertise and search for rooms to let...
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X-Tech:
May 2008 – Free Trade With China - Big News For Business, A Soft Nudge For Intellectual Property Rights
01 May 2008
On 7 April 2008, New Zealand became the first developed country in the world to enter into a free trade agreement with China, heralding the beginning of a new age for trade relations between the two nations...
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X-Tech:
May 2008 – Never Interrupt Your Enemy When He Is Making A Mistake
01 May 2008
"Never interrupt your enemy when he is making a mistake." This famous quote from Napoleon Bonaparte certainly sounds like good advice...
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X-Tech:
March 2008 – Rewarding Innovation
01 Mar 2008
A clear theme in recent economic policy has been the need to shift New Zealand's output towards innovative, high-value products which compete on the international stage...
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X-Tech:
March 2008 – Anti-Spam Unit Sends a Strong Message to Spammers
01 Mar 2008
It has been approximately six months since the Unsolicited Electronic Messages Act 2007 came into force on 5 September 2007...
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X-Tech:
March 2008 – The Copyright (New Technologies) Amendment Bill: Delayed by Individual and Big Business Interests?
01 Mar 2008
After receipt of submissions from the public and publication of a select committee report, the Copyright (New Technologies) Amendment Bill is due to be debated in Parliament for a second time...
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X-Tech:
March 2008 – Can We Fix It? Yes We Can! Or, No We Can't? Repair and Spare Parts Obligations for Manufacturers
01 Mar 2008
With the current speed of technological advancements, and some items of technology becoming as much accessory as they are necessary, the rate at which people upgrade is increasing...
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