Stay up to date with the latest intellectual property developments from New Zealand and around the world.
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.
Divisional Deadlines Still Between a Rock and a Hard Place
In NXT Building System Pty Ltd 2023 NZIPOPAT 15 the Assistant Commissioner (AC) clarified that it is in principle possible to obtain an extension of time in which to request examination of a divisional patent application in New Zealand, in exceptional circumstances. The threshold for establishing exceptional circumstances is comparatively low because there is no requirement to prove that all parties involved acted with due diligence and prudence.
On the 19th October 2023, Fiji deposited its instrument of accession to the Paris Convention, meaning the Paris Convention will enter into force for Fiji on the 19th January 2024.
Intellectual Property and Misuse of Market Power in New Zealand
Recent changes to New Zealand’s Commerce Act 1986 enhanced the restrictions on the misuse of market power and also changed the extent to which intellectual property rights are an exception to the market competition that the Commerce Act promotes. Will attempts at enforcing IP Rights be seen as a misuse of market power?