Incentive to File Prior to IP Australia Increasing Many Official Fees

IP Australia has now confirmed wide ranging official fee changes that will take effect from 1st October 2024, following its earlier consultation on its draft Cost Recovery Implementation Statement (CRIS).

Q&A with Tom Robertson

Tom Robertson is a senior member of Pipers' IP team with a deep understanding of, and decades of experience in, patents, trade marks, and design law. His extensive practice spans the agricultural, viticultural, mechanical, and electrical sectors, as well as a strong background in trade mark law and IP searching.

Some of Tom’s career highlights include his role as an Examiner at IPONZ, where he played a part in advising on the drafting of New Zealand’s Trade Marks Act 2002, and his significant experience with Australian IP law garnered from his time in our firm’s former Brisbane Office.

A Registered Patent and Trade Mark Attorney, Tom also serves as the current President of the New Zealand Intellectual Property Attorneys Inc. (NZIPA). At Pipers IP, Tom helps to drive innovation and delivers outstanding results for our clients.

No Elbow Room Given for Resmed’s Broad Nasal Mask System Claims

In Resmed Pty Ltd v Commissioner of Patents [2024] NZHC 1881 Resmed’s appeal concerning the claims of its nasal mask system was unsuccessful. The High Court of New Zealand upheld the Assistant Commissioner’s finding that the claims were not fairly based on the patent specification.

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.