News

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

29 Mar 2019

The Scope of the Potential EU-New Zealand Fair Trade Agreement

Negotiations are underway for a European Union (EU)–New Zealand Fair Trade Agreement (FTA). The EU proposal on intellectual property includes a chapter on geographical indication (GI) names for protection. The Ministry of Foreign Affairs and Trade recently concluded a consultation period on the proposed list of EU GIs, but what remains to be seen is the scope of... Read more

22 Mar 2019

Baldwins named the winner of the New Zealand Prosecution Firm of the Year Award 2019

Baldwins is proud to be recognised by Managing IP as the winner of “New Zealand Prosecution Firm of the Year 2019”.  We would also like to congratulate the other 2019 winners on their achievements. ManagingIP is the leading source of news and analysis on all IP developments worldwide. The ManagingIP awards recognise and commend firms, individuals and companies behind... Read more

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

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