News

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

24 Apr 2008

The Death Knell

Could local novelty be on the way out in New Zealand? Case commentary on  two recent decisions from the Assistant Commissioner of Patents. To downlaod the article in PDF format: The Death Knell You will require Adobe Acrobat Reader to view this file. Read more

24 Apr 2008

MAX mark screened from IMAX opposition

IMAX and Village Roadshow MAX trade marks not similar. IMAX is a Canadian Corporation specialising in large screen and large format, motion simulator entertainment. IMAX opened one of its theatres in a prominent position on one of the main streets of Auckland, New Zealand in July 1999. That theatre closed in April 2002 and the trade mark IMAX has not been used... Read more

24 Apr 2008

Intellectual Property in New Zealand and Australia

With increasing globalisation and the impact of FTAs, an IP strategy that fails to include New Zealand and Australia creates a serious gap which can be exploited by competitors.   New Zealand and Australia have traditionally been countries which have not featured prominently in the intellectual property strategies of intellectual property owners. This has been to the benefit of... Read more

23 Apr 2008

Can You Patent An Old Dog Doing New Tricks?

The most well known New Zealand example may interest a lot of chemists This issue marks the 10 year anniversary of the Patent Proze column being published in Chemistry in New Zealand. Accordingly, at this time it may be appropriate to ask a question that may interest a lot of chemists: “Can I patent an old dog doing new tricks?... Read more

23 Apr 2008

Rotary case sheds light on similarity

It looks different so where’s the confusion? A judgment in the unsuccessful trade mark opposition brought by Rotary International (RI) against Carl Bird, proprietor of the trade mark Rotary Engine, has issued. Mr Bird sought to register the mark Rotary Engine in relation to clothing in class 25. He declared that the Rotary Engine trade mark was used in... Read more

23 Apr 2008

Finding the balance

The theme developed during the FICPI World Congress earlier this year revealed how many areas of intellectual property are presently in a state of imbalance. The FICPI World Congress which took place in Paris this May, has been hailed as a major success. This was due in part to its splendid location and organisation, but also because of the importance... Read more

23 Apr 2008

Figurative mark trampled by Red Bull

Red Bull successfully opposed the application of a mark for a horned bovine skull on a predominantly red background made by Carabao Tawandang Co Limited In Carabao Tawandang Company Limited v Red Bull GmbH (CIV-20065-485-1975, August 31 2006), the High Court in Wellington has upheld Red Bull GmbH’s opposition to the registration for energy drinks in Class 32 of... Read more

23 Apr 2008

New Zealand tackles ambush marketing

The New Zealand government is drafting a Major Events Management Bill (the Bill) to help prevent ambush marketing in connection with such events. Ambush marketing occurs where a person or organization represents that it is associated or in some way connected with the event, when it is not, frequently to the frustration of its competitors who are official sponsors and... Read more

23 Apr 2008

New Zealand revamps IP regime

What’s happening with New Zealand’s latest IP legislation and draft bills under consideration. New Zealand for the most part has rather antiquated intellectual property legislation. The Trade Marks Act was in force for nearly 50 years before being replaced in 2002 and the Patents Act has been in force for more than 50 years. In a flurry of activity,... Read more

23 Apr 2008

New Zealand: Meeting the digital copyright challenge

Commentary on proposed changes to the Copyright Act 1994The New Zealand government is proposing significant amendments to the Copyright Act 1994 (the Act) with the Copyright (New Technologies and Performer’s Rights) Amendment Bill (the Bill). In particular the Bill:provides an exception to infringement for transient copying (for example, by automatic computer or communications network processes); amends existing broadcast rights... Read more