News

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

23 Apr 2008

The Sixth P - Protection

The key to a successful marketing strategy: the power of distinctive brands. You all know about the famous 4 Ps of marketing – Product, Price, Promotion and Placement and chances are you have heard of the 5th P being People. In today’s highly competitive age marketing experts are realising that the key to a successful marketing strategy is in... Read more

23 Apr 2008

A Dispute Resolution Policy for .nz Domain Names

1 June 2006 marks the beginning of a new era for .nz domain names, with the launch of InternetNZ’s .nz Dispute Resolution Service Policy. Previously anyone who objected to another’s registration of a .nz domain name had to either negotiate with the registrant, or issue court proceedings to stop that person from using it. Negotiations can be difficult... Read more

23 Apr 2008

Maintaining market share after your patent expires

A patent provides up to a 20 year monopoly in an invention in return for the inventor fully disclosing the invention to the public. When the patent expires, anyone is entitled to exploit the invention. How does a company maintain its market share once its patent expires? A company like Fisher & Paykel continually innovates to maintain and expand its business.... Read more

23 Apr 2008

New Dosage Regimes for Pharmaceuticals now Patentable in New Zealand

The Intellectual Property Office of New Zealand (IPONZ) has just released a decision of particular significance to the pharmaceutical industry. The decision follows a hearing at IPONZ on the patentability of Swiss claims where the novelty of the claimed subject matter resides in a dosage regime, rather than the active ingredient or the disease to be treated. The patent application... Read more

23 Apr 2008

Chinese domain names and internet keywords

Have you recently received an email from a Chinese internet company, saying that someone else has tried to register your name as a domain name or internet keyword in China? If so, you are not alone. At Baldwins we are receiving an increasing number of enquiries from clients about these emails, which typically state that: the sender is an authorised... Read more

23 Apr 2008

Is it “Use” of a Trade Mark if it is Not Used on the Goods?

In Aqua Technics Pool and Spa Centre New Zealand Limited v Aqua-Tech Limited (unreported, CA257/05, 22 March 2007, Court of Appeal) the Court of Appeal was asked to consider whether the respondent, Aqua-Tech Limited (Aqua-Tech), had established use of the trade mark “Aqua-Tech” in relation to spa and swimming pools. Aqua-Tech was the manufacturer of spa and swimming pools and... Read more

23 Apr 2008

Hearings Officer’s Views to be Given Weight by Appellate Courts

The Court of Appeal has overturned the High Court’s ruling that WILD GEESE is confusingly similar to WILD TURKEY in respect of class 33 goods. In 2004 a Hearings Officer ruled that although there were conceptual similarities between WILD GEESE and WILD TURKEY, the marks did not look or sound the same and were not confusingly similar. Austin Nichols, the... Read more

23 Apr 2008

Build-a-Bear Workshop – Premature Rejection

Build-A-Bear Workshop, Inc. applied for a trade mark for the three dimensional shape of a heart in classes 28 and 35 in relation to, inter alia, toys and dolls and retail of such items.   The Intellectual Property Office of New Zealand rejected the application on the basis that it has no distinctive character. Build-A-Bear Workshop, Inc. did not submit any evidence... Read more

21 Apr 2008

New Zealand and China Free Trade Agreement

On 7 April 2008 New Zealand and China signed a free trade agreement (“the agreement”).  The agreement is said to provide mutually beneficial concessions in the areas of trade of goods, services and investment and New Zealand is the first country to enter in to any sort of free trade agreement with China. The agreement refers specifically to the... Read more

20 Feb 2008

Not so Happy Valley

Solid Energy operates coal mines in New Zealand.  Save Happy Valley Coalition is an environmental group.  The parties have been involved in litigation in relation to Solid Energy’s proposed mine at Happy Valley in New Zealand for some time. Solid Energy became aware of a mock report about its mining activities produced by Save Happy Valley... Read more