News

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

01 May 2008

Crack Down On Parallel Imports

Under the Copyright (Parallel Importation of Films and Onus of Proof) Amendment Act 2003, the onus of proof of copying has now been reversed, with imported copies of films, DVDs, CDs or videos being presumed to infringe in the absence of evidence to the contrary. The timing is probably pure chance, but changes passed to the New Zealand parallel importation laws... Read more

01 May 2008

New World Order: Changes In Technology Patent Trends

The debate about patentability of business methods and gene technology and the desirability of such patents has been enlivened by DET and GT. INTRODUCTION Major patent litigation in New Zealand has, in the past, predominantly concerned the pharmaceutical and chemical industries. To some extent this has occurred because major international companies involved in those areas have seen New Zealand as... Read more

01 May 2008

Now They Can Jail You For Stealing A Trade Secret - Whatever That Might Be

A new section in the Crimes Act 1961 means that stealing trade secrets is now a criminal offence punishable by up to five years in prison. This section makes it an offence for someone to dishonestly take, copy or obtain any document describing a trade secret knowing that it contains a trade secret, with the intention of obtaining a pecuniary advantage... Read more

01 May 2008

Submarine Patents

The problem with submarine patents is that they have been used to generate royalty incomes, by people who have been able to predict developments in a technology, rather than to protect their own developments. In the US, it has been possible to continuously re-file an application, as a divisional or a continuation, thereby effectively allowing the application to remain pending... Read more

01 May 2008

New Zealand exporters at serious risk from counterfeit havens

The strength of New Zealand brands will assist the New Zealand apparel industry to avoid the risk of being squeezed out of the market by an influx of cheap imported clothing.New Zealand is recognised internationally for its sporting, adventurous, outdoors identity, and the clothing going with it. This country is also rapidly gaining recognition as an origin of high... Read more

01 May 2008

Trade mark law gets historical overhaul

The new trade mark law, which came into force today, is the first complete overhaul of the law for 50 years and brings some welcome changes for brand owners. 20 August 2003 is a red letter day in the New Zealand trade mark world as new mark law comes into force. It ‘s the first complete overhaul of the law for 50 years,... Read more

01 May 2008

One click lands book vendor in cart

There is an ongoing debate around the world on whether software or business-method patents should be patentable in the US and other countries. Amazon’s controversial “one click” technology could soon be patented in New Zealand. The Intellectual Property Office of New Zealand (IPONZ) has recently accepted a New Zealand patent application made by Amazon.com Inc... Read more

01 May 2008

Comparative advertising

The Trade Marks Act 2002 changes the legal approach to comparative advertising. The Trade Marks Act 1953 Under the Trade Marks Act 1953 comparative advertising is conduct that is likely to infringe a registered trade mark. There is a specific defence however, where the trade mark for registered in Part B of the register. This defence applies to the exceptions listed in section 8 (... Read more

01 May 2008

Fresh exemption for patent infringement in New Zealand

The enactment of an amendment to the New Zealand Patents Act 1953 in December 2002 has the potential to reduce the effective life of pharmaceutical patents. In a surprise move just prior to Christmas 2002, an amendment to the New Zealand Patents Act 1953 was enacted. The amendment has important implications for owners of patent rights operating in industry sectors where marketing approval is... Read more

30 Apr 2008

Design law change cuts costs for exporters with designs on Europe

Important changes to design law in Europe means exporters of innovative products have greater access to a powerful weapon in the intellectual property arsenal. Exporters must often deal with the problem of cheap copycat products. One option for preventing rip-offs is to register a design for products where visual appearance is an important factor. Until now, the cost of covering... Read more