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

26 Jul 2018

Protecting trade secrets in China

What is a trade secret in China? A trade secret is defined in Chinese Anti-Unfair Competition Law as: “technology information or business operation information which is unknown to the public, has commercial value and towards which the obligee has taken measures to keep secret.” There are three requirements for information to qualify as a trade... Read more

19 Jun 2018

Why register copyright when protecting your brand in China?

Copyright registration can provide a simple and relatively low cost means for warding off trademark squatters. As always, early action is required because it is most useful if the registration predates the date of filing of the squatter’s trademark application. If not, other evidence will generally also be required to block the squatter’s trademark application. Requirements... Read more

22 May 2018

The rise of intellectual property (IP) in China

China has once again become a major world economic force to be reckoned with after playing an unprecedented game of economic catch-up since 1978. Its booming ecommerce market and a shift from primary products and manufacturing to more of a consumer economy, presents huge opportunities for Kiwi retailers looking to expand into the region in the future. In recent years the ... Read more

09 May 2018

Firming up the support requirement

A recent decision[1] by the Assistant Commissioner of Patents will be welcomed by those filing and prosecuting patent applications in New Zealand. This article discusses the decision which clarifies how the regulations relating to pre-acceptance amendments to a specification should be applied. The patent application at issue in this hearing was essentially in order for acceptance.  The remaining... Read more

06 Apr 2018

New Zealand to consider introduction of utility model-type protection

Is it possible that a second-tier patent system is on its way in New Zealand? A new Member’s Bill, which will at least have a first reading before Parliament, could introduce such a system. The Patents (Advancement Patents) Amendment Bill[1] was lodged in late March by Dr Parmjeet Parmar, a National MP and the Opposition’s Spokesperson... Read more

05 Apr 2018

Amended patent, trade mark and design regulations in force in New Zealand

Amendments to the New Zealand Patents, Trade Mark and Design Regulations have now entered into force. The amendments address a number of issues that resulted from changes made to New Zealand's patent laws when the Patents Act 2013 came into force. The key changes are summarised below. The changes to the regulations were made to address various formal and procedural... Read more

09 Mar 2018

Patent law changes on the horizon with signing of the CPTPP agreement

Without the United States involvement in the Trans-Pacific Partnership (TPP) trade agreement in 2017, many speculated that the entire agreement was dead in the water. However, the remaining 11 countries have signed up to a revised deal - the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP). This article summarises the main changes relating to intellectual property in... Read more

15 Nov 2017

What does the renegotiated TPPA mean for intellectual property laws in New Zealand?

Following the withdrawal of the USA from the TPP agreement in January of this year, negotiations are continuing in Vietnam between the remaining 11 TPP member nations. Media reports suggest that an agreement in principle has been reached involving the suspension of about 20 terms in the original TPP text, many relating to intellectual property. The agreement is also to be renamed... Read more

16 Oct 2017

Considering the ‘Best Method’ for patent drafting: how much disclosure is enough?

Biotechnology company Kineta recently had its Australian patent application declined on the ground of failure to disclose the best method of performing the invention.  Best method issues are rare, and given the increasing standards of the Australian and New Zealand Patents Acts, we may see more applications failing on the contents of the written description. A common question from... Read more

13 Oct 2017

New Zealand’s Poisonous Divisionals: Will New Zealand harmonise with its trading partners?

The issue of self collision (or “poisonous” divisionals) is well known and has been the subject of much debate internationally. The matter is particularly acute in New Zealand as a New Zealand patent claim can only have one priority date.  However, a recent indication suggests New Zealand’s position could soon change. Self-collision between a New... Read more