News

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

01 Dec 2017

SKY TV battles pirates: draft website-blocking application released by SKY

SKY Television, New Zealand’s largest pay television provider, has prepared a draft application to the High Court, seeking to obtain injunctions against several internet service providers (ISPs) requiring them to block websites allegedly hosting copyright-infringing material.  If pursued, this application may face some difficulties. SKY names as respondents in the draft application the four largest ISPs in... Read more

15 Nov 2017

What does the renegotiated TPPA mean for intellectual property laws in New Zealand?

Following the withdrawal of the USA from the TPP agreement in January of this year, negotiations are continuing in Vietnam between the remaining 11 TPP member nations. Media reports suggest that an agreement in principle has been reached involving the suspension of about 20 terms in the original TPP text, many relating to intellectual property. The agreement is also to be renamed... Read more

10 Nov 2017

Baldwins takes home Trade Mark Firm of the Year trophy at 2017 Asia IP Awards

Forty-four firms from 19 Asia-Pacific jurisdictions took home trophies at the eighth annual Asia IP Awards, held November 3 at the Crowne Plaza Hotel in Auckland. Baldwins took home the trophy for Trade Mark Firm of the Year in New Zealand. The annual Asia IP Awards name the top trade mark, patent and copyright practices as determined by in-house counsel from Asia,... Read more

09 Nov 2017

A well ‘crafted’ brand: growth in craft beer industry sees increase in trade mark registrations

As the growth of the craft beer industry continues it is becoming harder to conceive an attractive brand which is distinctive from those of competitors.  Growth in beer trade marks may lead to increased brand disputes and the benefits of legally protecting a brand are becoming more obvious. This article was origianlly published in The Pursuit of Hoppiness Magazine ... Read more

30 Oct 2017

Eight Mile Style v New Zealand National Party: National ‘Loses itself’ to Eminem in copyright case

The High Court has awarded Eight Mile Style, LLC $600,000 in damages for the copyright infringement of the Eminem song Lose Yourself by the New Zealand National Party. This has been one of the more high-profile recent copyright cases in New Zealand and is likely to have a significant impact on relevant parts of the creative industry. Background As part of... Read more

16 Oct 2017

Considering the ‘Best Method’ for patent drafting: how much disclosure is enough?

Biotechnology company Kineta recently had its Australian patent application declined on the ground of failure to disclose the best method of performing the invention.  Best method issues are rare, and given the increasing standards of the Australian and New Zealand Patents Acts, we may see more applications failing on the contents of the written description. A common question from... Read more

13 Oct 2017

New Zealand’s Poisonous Divisionals: Will New Zealand harmonise with its trading partners?

The issue of self collision (or “poisonous” divisionals) is well known and has been the subject of much debate internationally. The matter is particularly acute in New Zealand as a New Zealand patent claim can only have one priority date.  However, a recent indication suggests New Zealand’s position could soon change. Self-collision between a New... Read more

10 Oct 2017

Indonesia: 100th member of the Madrid Union

On October 2, 2017 Indonesia became the 100th member of the Madrid Union. Indonesia, who joins Brunei and Thailand as the third Asian country to acede in 2017, will implement the protocol on 2 January, 2018. With 2016 exports to Indonesia amounting to $843 million and imports of $724m, accession to the Madrid Protocol will be welcomed by both New Zealand and Indonesian brand owners.[1] From 2 January,... Read more

10 Oct 2017

Baldwins nominated for two categories at the 2017 Asia IP Awards

Baldwins Intellectual Property has been named on the shortlist for the 2017 Asia IP Awards, the annual awards from Asia IP an intellectual property magazine focusing on Asia and the Pacific. The firm has been shortlisted for two categories: New Zealand - Patent Shortlist - 2017 New Zealand - Trademark Shortlist – 2017 Voting for the Awards is now open to clients, corporates... Read more

21 Sep 2017

Misuse of confidential information by ex-employees in New Zealand – is this a case for the ERA?

Disputes involving ex-employees and causes of action relating to retention and misuse of confidential information can give rise to disputes over jurisdiction.  Do such disputes fall into the exclusive jurisdiction of the Employment Relations Authority (ERA) or should they be determined by the Courts? The recent decision of the High Court in Ecostore Company Limited v Worth[1] provides useful... Read more
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