News

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

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

05 Apr 2019

Baldwins’ attorneys ranked ‘Best Lawyers’ in New Zealand 2020

Baldwins Intellectual Property is pleased to announce that eight of its attorneys were recently nominated by their peers for inclusion in The Best Lawyers in New Zealand © 2020. “This is an outstanding achievement and we are thrilled to see such a number of Baldwins' specialists recognised as world class attorneys again this year. Their recognition and acknowledgement from their... Read more

01 Apr 2019

Not so black and white – colour words as trade marks?

Does your business have a strong colour theme that sets you apart from other traders?  A colour or colours that consumers identify solely with you?  Think about the colour red for Coca-Cola, green for BP, yellow for the Yellow Pages, or blue for Facebook?    If you do, a recent High Court decision may help you obtain... Read more

29 Mar 2019

The Scope of the Potential EU-New Zealand Fair Trade Agreement

Negotiations are underway for a European Union (EU)–New Zealand Fair Trade Agreement (FTA). The EU proposal on intellectual property includes a chapter on geographical indication (GI) names for protection. The Ministry of Foreign Affairs and Trade recently concluded a consultation period on the proposed list of EU GIs, but what remains to be seen is the scope of... Read more

22 Mar 2019

Baldwins named the winner of the New Zealand Prosecution Firm of the Year Award 2019

Baldwins is proud to be recognised by Managing IP as the winner of “New Zealand Prosecution Firm of the Year 2019”.  We would also like to congratulate the other 2019 winners on their achievements. ManagingIP is the leading source of news and analysis on all IP developments worldwide. The ManagingIP awards recognise and commend firms, individuals and companies behind... Read more