Tide Turning Against File Sharing
December 2005: Following the US Supreme Courts unanimous decision in MGM v Grokster, the Federal Court of Australia in Universal Music Australia Pty Ltd v Sharman License Holdings Ltd found Sharman Networks, the company responsible for the software that powers the Kazaa file sharing network, liable for copyright infringement.  The result in the Kazaa case has been welcomed by the recording industry as another major victory in the fight against internet piracy and may place further pressure on file sharing networks to "go legitimate".

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Sun rises for .EU Domain Names
November 2005: After five years of debate, the European Union is finally launching the .eu top level domain name, which is intended for use by individuals, organisations and companies within the European Union.

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Changes to the Taxation of Patent Sales
November 2005: In August 2005, the Government announced a proposal to change the taxation of amounts derived from the sale of patents in recognition of the fact that technology firms often sell their research, in the form of patents, in return for shares rather than cash.  The amendment will allow sellers of patents to spread the payment of the resulting tax evenly over three tax years  instead of all the resulting tax being payable in the tax year in which the sale takes place.

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IP Assests and Tax Depreciation Deductions – Proceed with Caution
The Privy Council's December 2004 decision in Trustees in the CB Simkin Trust and the Trustees in the NC Simkin Trust v CIR warns IP owners of the need to exercise caution when claiming tax depreciation deductions for intangible property such as trade marks and software.

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US Supreme Court rules against P2P file-sharing software providers
August 2005: Some twenty-one years since its landmark decision in Sony v Universal Studios, last month's unanimous decision of the US Supreme Court in MGM v Grokster has been heralded by the music and film studios as a major victory in their bid to prevent the unauthorised copying of their works over the Internet.

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Recent developments in EU Privacy Law affecting New Zealand
August 2005: Recent developments in EU privacy law will be of interest to any New Zealand entity doing, or planning to do, business in the EU which may involve transfers of personal data to New Zealand.

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Commercialising Intellectual Property – Options for owners
July 2005: Commercialising intellectual property is one way a country as geographically isolated as New Zealand can punch above its weight on the world stage. Not only is it easier to physically move intellectual property assets such as software, furniture designs or films to markets overseas, but there are a myriad of options for structuring the way these assets are sold once they get there.

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New Zealand follows the UK in choosing a domain name dispute resolution process
July 2005: Internet NZ recently sought and received submissions about the possible adoption and implementation of a domain name dispute resolution procedure for the .nz domain in New Zealand. The Office of the Domain Name Commissioner considered the submissions, and on 18 May 2005, announced its decision to adopt and implement a procedure based upon the UK Nominet model.

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Beware the Pitfalls of Copyright in Contracted Works
May 2005: As first published in IT Brief (April 2005). Hiring software developers as contractors is an attractive option for companies that are stretched to meet deadlines and need a short term, flexible solution. Both software developers and the companies hiring them should be aware, however, that there may be important practical consequences for copyright ownership in the resulting deliverables.

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Format Shifting – What's Going On?
May 2005: A "format shifting" exception to the Copyright Act has been proposed by the New Zealand Government. Is this copyright protection the right move for New Zealand's music industry and music consumers in the new digital environment?

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Transitioning IT and IP Assets when Buying or Selling a Business – What not to overlook
May 2005:This article addresses some of the key issues that arise in the context of a business acquisition in relation to IT and IP assets.

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DVD Pirate Behind Bars
March 2005:  Copyright infringement under the Crimes Act 1961 and the Copyright Act 1994:  Review of the recent court case involving the conviction of an Otahuhu DVD pirate.

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It's Arrived! – The Patents Bill
February 2005: After a lengthy review and consultation process, the draft of the new Patents Bill has finally been released and proposes some interesting changes to the current law.  We have a brief look at some of these proposed changes.

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Scope of Copyright Protection in Software
December 2004:  Are "look and feel" aspects of computer software protected by copyright?  A recent UK decision provides some guidance for the IT industry on this issue.

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Patents:  Freedom to Operate in the Technology Industry
December 2004:  It is important to be aware of your competitors' patent applications so that you may take steps to maintain your freedom to operate as necessary.  Recently there have been various attempts to obtain patents for inventions which are considered by many in the technology industry to be an obvious online or technical application of a known process.

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Return to Sender – What to Do When Confidential Emails Are Sent to the Wrong Person
November 2004:  Emails and the Internet allow virtually instantaneous worldwide communication, and scanned documents allow us to send large files around the world at the click of a mouse.  However, like all technologies, the speed and convenience of email brings with it new dangers.

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Not Just a Museum Piece – UDRP Benefits Te Papa
October 2004:  Te Papa has successfully had the domain name tepapa.com transferred to it from a "cybersquatter" after applying for the transfer under the Uniform Dispute Resolution Policy ("UDRP").  This case provides an example of the use of the UDRP as a tool by New Zealand trade mark owners to enforce their rights against "cybersquatters".

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First Come... Best Dressed...
March 2004:  Wellington's Dominion Post newspaper has settled for the abbreviated dompost.co.nz domain name after start up postal logistics company Dominion Post beat them to the post by registering dominionpost.co.nz.  We explain how trade mark owners don't always have rights to a domain name incorporating their trade mark.

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Webcasting or Hosting Images or Material Based on Existing Material
April 2004:  A discussion of some of the legal issues facing the creators of websites or telecasts when hosting or using material based on existing material.

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Ugg Boots: Fashion Statement or Trade Mark?
May 2004:  New Zealand traders should undertake a country by country assessment of third party trade mark rights when marketing or selling their products in overseas countries over the internet.

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Game Over: Trade Mark Infringement Claim Successful Against Counterfeit Computer Games Business
June 2004:  As shown in the Federal Court of Australia's recent decision in Sony Computer Entertainment Australia Pty Limited v Kasmara, proceedings to stop the sale of counterfeit software such as computer games do not necessarily have to show breach of copyright; instead proceedings can usually be based on trade mark infringement, which is often a more straightforward ground.

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usnoozeulose.com: Management of Your Domain Name Portfolio
July 2004:  Domain names are an integral and increasingly valuable asset for many companies.  Effective management and administration of a company's domain name portfolio is crucial.  This article provides some guidelines to achieve this.

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A Beginners Guide to Open Source Software - Risks, Benefits and Tips
August 2004: Open source software seems to be all the rage.  The ongoing legal battle between SCO and the open source community in the United States has however stimulated debate about the risks as well as the benefits of using open source software in business.

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An International Man-Hunt for Internet Pirates
September 2004:  The US is on an international man-hunt for internet pirates.  It recently relied on the extradition laws of Australia to gain an order which will allow it to extradite to the US the Australian ringleader of an internet pirate gang.

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Domain Name Grabbing - Sun Sets on Tenerife.info
February 2004:  A summary of a recent decision by the World Intellectual Property Office, dismissing a challenge to the use of the registered trade mark "Tenerife" in an internet domain name.

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Parallel Imports – Copyright Changes in the Front Door, Trade Mark Changes in the Back Door
December 2003: Copyright Amendment Act 2003 – Changes to copyright and trade mark laws.

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Amazon One Click from Patent Monopoly
December 2003: Amazon seeks a New Zealand patent over its "One-Click" ordering technology.
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The New Dangers of Registering .com Domain Names
November 2003: The recent High Court decision that may have ramifications for New Zealand businesses which register .com domain names.
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Digital Technology and Copyright Act Update: Proposed Exceptions for Decompilation of Software and Error Correction of Software
November 2003:  The Ministry of Economic Development's proposed software related exceptions to copyright infringement.

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DE Technologies' Patent - Obvious?
September 2003:  New Zealand's patent examination procedure - US company DE Technologies' patent claim over an e-commerce system.

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Digital Technology and Copyright Act Update: ISP Liability
September 2003:  Digital Technology and the Copyright Act - Internet Service Providers Liability.

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Copyright and the New Technology PC - Consumer Electronic Hybrids
August 2003:  New electronic technology and copyright issues.
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Harry Potter
August 2003:  Harry Potter author, JK Rowling, succeeds in bringing a copyright claim against a similar Russian children's book.
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Clarifying a Public Misconception or Taking © Owner's Rights?
July 2003:  Copying music for personal use - The proposals for changing current copyright laws.

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Database Rights - Do You Own Your Customer Database?
July 2003: Customer database rights - Ownership and protection of electronic assets.

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Digital Technology and the Copyright Act Update
July 2003:  The Copyright Act 1994 update - Policy recommendations on digital technology.

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Mellow Yellow
June 2003:  The registration of colours as trade marks.

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When is Software Commissioned and Who Owns the Copyright
June 2003: Copyright ownership and commissioned software issues - A recent Court decision gives clarification.

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New Ways to Solve .NZ Domain Name Disputes
May 2003:  New Zealand domain names and dispute resolution - Alternative processes.

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Domain Decision Leaves Rotten Taste for Italian Truffle Trade Mark Holder
May 2003:  Trade mark holder fails to gain control of domain name - Issues in uniform domain name disputes.

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European Community Designs - A Novel Approach
April 2003: 'Community Designs' - Protecting designs in the European community.

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Bid for International Protection of ANZAC
April 2003: Call for 'ANZAC' to be protected globally.

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The ADVANTAGE® of Trade Mark Registration - Part 2
March 2003:  Budweiser decision - The protection of a registered trade mark.

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European Community Patent on the Cards
March 2003:  Protecting patents in the European Union with a single application.

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Timeline or Timebomb for SQL Software Developers?
March 2003:  US decision shows importance of licence assessment for software developers.

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Music off the Internet
March 2003:  US internet cafe infringes copyright by downloading music.

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Contract Trumps Copyright
February 2003:  US Court of Appeal rules contractual agreements prevail over copyright laws.

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Rights to the newzealand.biz Domain Name
February 2003:  Recent World Intellectual Property Organisation panel decision holds the New Zealand Government has legitimate rights to the New Zealand domain name.

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newzealand.com - Rights in Geographical Domain Names
January 2003:  World Intellectual Property Organisation panel discusses rights in geographical domain names.

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The New Print Media Licensing Scheme
December 2002:  Print media copyright agency - New licensing scheme for electronic and physical distribuiton of print media within an organisation.

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The ADVANTAGE® of Trade Mark Registration
December 2002:  Court of Appeal decision shows how obtaining trade mark registration can provide a competitive advantage.

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Patent Protection for Software - When is it Available?
November 2002:  The availability of patent protection for software.

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Colour Marks and Chinese Yellow Pages
November 2002:  Telecom successfully obtains interim injunction against Chinese Yellow Pages Ltd for use of the colour yellow in "Yellow Pages".

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No Link to the Internet – BT's Patent Doesn't Give Monopoly on Hyperlinks
September 2002: US Court denies British Telecom a hyperlink monopoly.
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A Cliff-Top Fence or an Expensive Ambulance for Trade Mark Holders?
August 2002:  Issues surrounding registration of a domain name.

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Shifting the Boundaries of Patentability
July 2002:  General issues relating to patentability.

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Patent Protection You Can Bet On
June 2002:  Issues surrounding patents for internet related technology.

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Whose Software is it Anyway?
May 2002:  Software ownership issues.

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Changes to the Trade Mark Classification System
March 2002:  Existing service Class 42 split into four separate classes.

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Rental Rights - Sense and Sensibility
November 2001:  High Court declares parallel imported DVD/video rental illegal prior to official release in New Zealand.

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Keeping the Intellectual Property Shop in Order
August 2001: Court of Appeal upholds High Court trade marks decision - Manufacturer entitled to the benefits of the goodwill and reputation of a trade mark.

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Music in the Work Place - Whistle While you Work?
July 2001:  Music in the workplace - Licensing fees charged in Australia, and the New Zealand position.

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Brand Protection Issues
November 2000: The top 10 issues surrounding brand protection.

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