The Cost of Trade Mark Non-Use – Duelling Over Crocodile Marks Continues
In Lacoste v Crocodile International Pte Limited 2024 NZHC 1333 the Judge confirmed that pleading non-use puts both genuine use and use as a trade mark in issue and that pleading non-use in respect of all goods and/or services does not preclude a finding of partial revocation.
Artistic Copyright and Relationship Property Redux
In Alalääkkölä v Palmer 2024 NZSC 56 the Supreme Court allowed leave to appeal the Court of Appeal’s order regarding how the copyrights in question should be treated in terms of the Property (Relationships) Act 1976.
EU GIs Soon Entering the Picture – Say Cheese … or else!
Currently New Zealand’s Geographical Indications (Wine and Spirits) Registration Act 2006 is limited to wine and spirits and meets the minimum requirements under the TRIPs Agreement 1994 in relation thereto. The Act excludes common names for wine and spirits from protection as geographical indications (GIs).
Appeal of Artistic Copyright Being Relationship Property Brushed Off
In Alalääkkölä v Palmer [2024] NZCA 24 the Court of Appeal upheld the High Court Judge’s finding that copyright in paintings created by Ms Alalääkkölä during a 20-year relationship are relationship property under the Property (Relationships) Act 1976 (PRA).
EPO Expands Official Fee Discount Eligibility for Micro-Entities
From 1st April 2024 the EPO will allow applicants of any nationality or domicile that are deemed to be a micro-entity to get a 30% reduction in many key EPO official fees provided they have not filed five or more applications with the EPO in the last 5-years.