News

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

27 Feb 2019

No interim injunction in Commerce Commission v Viagogo AG

The High Court decision in Commerce Commission v Viagogo AG [2019] NZHC 187 highlights one frustration faced by applicants when the respondent is based overseas but trading in New Zealand. Background Viagogo is a Swiss company that operates a ticket reselling website internationally, including in NZ. In December 2018, the Commission brought proceedings under the Fair Trading Act 1986 (FTA) alleging that: Viagogo represents... Read more

01 Feb 2019

Geographic Indications up for negotiation and expansion in EU-NZ Free Trade Agreement

Article written by: Joseph Bracewell and Mariyam Sheeneez |     The Ministry of Foreign Affairs & Trade (“MFAT”) is currently seeking nominations from New Zealand agricultural, wine, spirits, aquaculture, food producers, and producer groups for their product names to be proposed to the EU for registration and protection as Geographical Indications (“GIs... Read more

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

06 Dec 2018

Simon Says: Cultural expression and traditional knowledge deserve better

Cultural expression and traditional knowledge are tricky topics in intellectual property, and a potential minefield in public relations. Most often, cultural expression and traditional knowledge do not fit neatly into established legal boxes, such as trade marks, copyright, designs, or patents. Instead, those expressions considered important enough are occasionally provided with sui generis recognition – such as that provided for... Read more

06 Dec 2018

Quarterly Update: China’s New E-Commerce Law

In June 2018, China’s internet userbase surpassed the 800 million mark,[1] making it the world’s biggest internet userbase holder and e-commerce market potential in the world. The People’s Republic of China is committed to a stronger intellectual property and consumer protection regime in the e-commerce space, as shown in the passing of the “E-Commerce Law... Read more

30 Nov 2018

CPTPP to enter into force: Here are its likely changes to New Zealand IP law

The Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP), also known as TPP-11 is a trade agreement between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. With six participating Parties now having ratified the agreement, the CPTPP has met the threshold requirements to enter into force. Our last update on the CPTPP was in November 2017, following... 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

22 Nov 2018

Baldwins named winner in two categories at 2018 Asia IP Awards

Baldwins is proud to have been named the winner of New Zealand Trade Mark Firm of the Year and New Zealand Copyright Firm of the Year. This is the eighth year in a row that Baldwins has been recognised as IP leaders in New Zealand. We would like to congratulate all the other winners for 2018 on their achievements. 46 firms from 19... Read more

26 Oct 2018

Baldwins Intellectual Property shortlisted for three categories at the 2018 Asia IP Awards

Baldwins has been named on the shortlist for the 2018 annual Asia IP Awards. Asia IP is an intellectual property magazine focusing on Asia and the Pacific. Baldwins has been shortlisted for three categories in New Zealand: Trademark Firm of the Year 2018; Patent Firm of the Year 2018; and Copyright Firm of the Year 2018. The shortlists have been compiled based on survey... Read more