News

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

18 Dec 2008

Australia - New Zealand: copyright/design overlap

Historically, Australia and New Zealand have taken a similar approach to intellectual property rights and their protection.  The New Zealand government in particular has expressed a desire that the intellectual property laws of the two countries are in line with each other.  The Intellectual Property Office of New Zealand and IP Australia are working together to harmonise practices. ... Read more

15 Nov 2008

Major Events Management Act 2007

New Zealand has introduced legislation to provide greater protection to sponsors of important events from ambush marketing: the Major Events Management Act 2007. International sporting events are on the increase in New Zealand with the hosting of the 2011 Rugby World Cup and co-hosting of the 2015 ICC Cricket World Cup. These events are in addition to other world championships such as the... Read more

08 Nov 2008

Do we have the technology to succeed?

Baldwins Intellectual Property was delighted to once again be a principal sponsor of the recent AmCham-UPS Success and Innovation Awards. The United States is New Zealand’s second largest trading partner and it was great to applaud and celebrate New Zealand firms achieving exceptional success with such an influential economy. With that in mind it is no wonder so... Read more

22 Oct 2008

PUREBABY decision: the end of the essential feature test

The decision of the hearings officer in the matter of Trademark Application 738606 in the name of Purebaby Pty Ltd (Case T19/2008, August 4 2008) has indicated that the essential feature test, as set out in De Cordova v Vick ((1951) 68 RPC 103), may no longer be of much relevance when considering similarity of marks. In an earlier case, In the matter of Trademark... Read more

18 Oct 2008

The Montana World of WearableArt™ Awards: Delivering Value

We all have ideas, that brain burst of inspiration that allows us to dream of what could be, but translating ideas into successful commercial ventures requires just a little more than a dream bubble. WOW began from humble beginnings but has since grown into a substantial brand and successful company though vision, belief and commitment. The Montana World of WearableArt... Read more

11 Sep 2008

Clarity on methods of diagnosis

As discussed in Managing IP’s March edition, it was becoming increasingly unclear whether method of diagnosis claims were allowable in New Zealand. However, Biosite Incorporated, a recently released decision of the Commissioner of Patents [P31/2007], may assist in clarifying practice in New Zealand. The Biosite application was rejected under section 2 of the New Zealand Patents Act 1953 on the... Read more

28 Aug 2008

Copyright (New Technologies) Amendment Act

The New Zealand government recently passed an Amendment Act to the Copyright Act 1994 which is said to update New Zealand’s copyright law to ensure that New Zealand “keeps up to speed with recent advances in digital technology”. Significant changes include: - The introduction of technology neutral terms by making specific reference to digital formats. - Allowing... Read more

28 Aug 2008

Supreme Court hears first trade mark case

The recently established Supreme Court, which replaced the Privy Council as the final court of appeal, has determined its first trademark case in Austin Nichols & Co Inc v Stichting Lodestar ([2007] NZSC 103, December 11 2007). The main question for determination was the weight to be placed on the decision of the commissioner of trademarks in an opposition. In June 2000 Stichting Lodestar applied... Read more

28 Aug 2008

Application to register mark by co-owner deemed to be in bad faith

In Neumann v Sons of the Desert SL (CIV 2007-485-212, November 5 2007), the High Court has confirmed that where there are co-owners of a trademark, an application to register the mark by only one of the owners without the co-owner’s knowledge is deemed to have been made in bad faith. In 1998 Herbert Neumann and two others incorporated a... Read more

28 Aug 2008

Great Barrier Air banned from using its name

In Great Barrier Airlines Flight Operations Limited v Great Barrier Air Limited (CIV 2007-404-5710, December 13 2007), the High Court has issued an interim injunction preventing the use of the name Great Barrier Air in relation to an airline service offering flights to and from Great Barrier Island. Both parties operate airlines to Great Barrier Island, a small island off the... Read more