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

28 Aug 2019

This “Dark Horse” decision is anything but “Joyful Noise” for Katy Perry

In July 2014, Marcus Gray, the rapper better known by his stage name “Flame” filed proceedings against Katy Perry. Gray alleged that Perry’s song Dark Horse infringed copyright in his original work, Joyful Noise. To many, it seemed like just another allegation against a famous artist, based on the vibe of a lesser known song. Five years... Read more
This “Dark Horse” decision is anything but “Joyful Noise” for Katy Perry

15 Jan 2019

Additional damages for flagrant copyright infringement welcomed by performing right association

In the past, copyright infringers may have thought that there was little risk to waiting for a lawsuit before considering a licence.  However, the High Court has now signalled that significant additional damages can, and will, be awarded in cases that warrant increased penalty: Australasian Performing Right Association Ltd v 3228 Business Ltd [2018] NZHC 3088. Rocksalt Bar and Restaurant was recently... Read more

30 Nov 2018

Copyright Act Review – Issues Paper released

The Ministry of Business, Innovation and Employment (MBIE) has released an Issues Paper as part of an ongoing review into New Zealand’s copyright legislation, currently governed by the Copyright Act 1994. The Issues Paper release is the first step in the public consultation process for the review (following direct consultation with some larger and internal stakeholders), and is intended... Read more

26 Jul 2018

Protecting trade secrets in China

What is a trade secret in China? A trade secret is defined in Chinese Anti-Unfair Competition Law as: “technology information or business operation information which is unknown to the public, has commercial value and towards which the obligee has taken measures to keep secret.” There are three requirements for information to qualify as a trade... Read more

19 Jun 2018

Why register copyright when protecting your brand in China?

Copyright registration can provide a simple and relatively low cost means for warding off trademark squatters. As always, early action is required because it is most useful if the registration predates the date of filing of the squatter’s trademark application. If not, other evidence will generally also be required to block the squatter’s trademark application. Requirements... Read more

15 Jun 2018

Copyright protection in China

Copyright provides the exclusive right to use and distribute an original work. As the name suggests, it prevents against copying, it cannot be used against someone that independently creates the same work. Copyright protects the tangible expression of an idea but not the idea itself.  In New Zealand, copyright arises automatically upon creation of an original work and there... Read more

22 May 2018

The rise of intellectual property (IP) in China

China has once again become a major world economic force to be reckoned with after playing an unprecedented game of economic catch-up since 1978. Its booming ecommerce market and a shift from primary products and manufacturing to more of a consumer economy, presents huge opportunities for Kiwi retailers looking to expand into the region in the future. In recent years the ... Read more

15 Jan 2018

A recipe for disaster: fitspo personality threatened with copyright infringement proceedings

Australian fitness personality, Ashy Bines, could be in hot water following a food blogger's claims a Bines' ebook contains material directly from her blog. We discuss these claims and provide some lessons to take away from this.  An Australian food blogger, Alexandria Dodd, is crowdfunding to raise money to file copyright infringement proceedings against well-known... Read more

11 Jan 2018

Certainly not friends: LEGO Group successful in China

LEGO Group has successfully brought a copyright claim against two Chinese companies for manufacturing and selling products that were almost identical to its LEGO Friends range of building blocks.  LEGO Group has, for the first time, succeeded in bringing a copyright claim in China in relation to its famous LEGO brand. It follows a finding in July 2017 that... Read more

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