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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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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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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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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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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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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: 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: 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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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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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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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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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 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 – 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 – 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 – 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 – 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: 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 – 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 – 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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