News

Keep up-to-date with the latest intellectual property news:

25 Jun 2019

Submissions Invited on Proposed Intellectual Property Laws Amendment Bill

On 4 June 2019 the Ministry of Business, Innovation and Employment (“MBIE”) released a discussion paper inviting submissions on a range of issues, which may be addressed in a proposed omnibus bill amending New Zealand’s patent, trade mark, and registered design legislation. The Copyright Act 1994 is the subject of a separate ongoing review. The discussion paper raises the... Read more

25 Jun 2019

IPONZ fee changes coming for Patents and Trade marks

After a review of its fees late last year, IPONZ has now confirmed changes will be introduced for both trade mark and patent fees. While it is mostly good news for trade marks with fee reductions, changes to the patent fees include some substantial fee increases and the addition of a new excess claims fee.  Patent fees A... Read more

10 Jun 2019

The risky business of streaming devices: New Zealand Courts find against providers of Kodi boxes

New Zealand’s primary subscription television provider, Sky Network Television[1] has successfully prevented, in two separate proceedings, the advertisement and sale in New Zealand of multimedia streaming devices intended to circumvent subscription TV services. This has been achieved without needing to pursue the entities hosting infringing content, or end-users of the devices as primary infringers of copyright, in part... Read more

30 May 2019

Finalists Revealed for the Air New Zealand Cargo ExportNZ Awards

Baldwins is proud to be part of the celebration of the 10th annual Air New Zealand Cargo ExportNZ Awards. On Wednesday, 15th May 2019, 23 finalists from the manufacturing, beauty, biotech, tourism, technology, pharmaceutical, innovation, and food sectors were selected across seven different award categories. Each entrant has demonstrated Kiwi ingenuity, innovation, and export success across the New Zealand export sector. The 2019... Read more

16 May 2019

New Zealand: Similarity of Trade Marks under New Zealand and EU Law – Similar or Not?

The element of similarity of two conflicting marks is one of the core elements in trade mark law. It becomes relevant whenever two trade marks collide - may it be during the application process, in opposition and cancellation, or during infringement proceedings. While both New Zealand and EU Trade Mark Law seems to provide comparable tests to determine the similarity... Read more

06 May 2019

Review of Commerce Act IP Exclusions could mean changes for IP Owners and Licensors

As part of a wider review of the Commerce Act 1986 the Ministry of Business, Innovation and Employment (MBIE) has proposed the repeal of sections of the Commerce Act which exclude statutory intellectual property (IP) rights from applying to some of the anti-competitive provisions. Read more

01 May 2019

Overview of Intellectual Property developments in Australia

In July 2018, the intellectual property office of Australia (IP Australia) released an exposure draft for the proposed  Intellectual Property Laws Amendment Bill[1] (Productivity Commission Response Part 2 and Other Measures) Bill 2018. The exposure draft proposed several key changes proposed to the Australian patent legislature based on the recommendations set out by the 2013 Productivity Commission Report (Report) and 2016 Report into  ... Read more

30 Apr 2019

Australian Trade Mark Registrations – Important Change to the Non-use Period

In 2016, the Productivity Commission review of Australian intellectual property arrangements found a high volume of inactive trade marks. Consequently, the Commission concluded that inactive marks could be preventing legitimate users from using and registering the same or similar marks. A recent law update in Australia has reduced the time limit in which an application for revocation for non-use can be... Read more

26 Apr 2019

Commerce Commission v Viagogo AG: Plaintiff granted leave to appeal the High Court decision

The Commerce Commission has been granted leave to appeal the High Court decision in Commerce Commission v Viagogo AG.[1] This decision declined the Commerce Commission’s (“the Commission”) interim injunction application on the basis that there was no jurisdiction as Viagogo AG had yet to be formally served. Background In February, the Commission lost an application for... Read more

09 Apr 2019

A guide to using your trade mark correctly

A distinctive and well managed trade mark will create a sought after reputation and grow valuable goodwill for your business. To build value in your trade mark, it is important to use your mark correctly. We have listed below some simple tips you can implement to ensure correct trade mark use. Use your trade mark as an Adjective A trade... Read more