Ability to record licences in New Zealand removed
Saturday 19th November 2011
As of 16 September 2011 (when the New Zealand Trade Marks Amendment Act 2011 came into force), the ability to record licences has been removed, and all recorded licensees under the old provisions have been revoked.
What this means is that the rights of licensees to bring action against infringers is determined solely by the terms of the agreement (under the old provisions only a recorded licensee could bring an action, if permitted by the terms of the agreement). In the circumstances all trade mark licensees and licensors should review their licence agreements to ensure that this recent change to New Zealand trade mark law does not have implications for on going licence arrangements, particularly the right to bring action against infringers.