Pipers

Stay up to date with the latest intellectual property developments from New Zealand and around the world.

Dotcom decision continues to present an “object” of consternation

10th November 2020

The Supreme Court of New Zealand has issued its decision in Ortmann, van der Kolk, Batato, Dotcom v USA and Anor [2020] NZSC 120. The case relates, among other things, to s 131 of the Copyright Act 1994, which sets out criminal offences in relation to copyright works.

Minimal Historical Evidence of Use Results in Shredded Specification

6th November 2020

The recent Assistant Commissioner’s decision Nitro AG v Nitro Circus IP Holdings LP 2020 NZIPOTM 23 is the first non-use decision to take into account the Supreme Court’s recent decision in International Consolidated Business Pty Ltd v SC Johnson & Sons Ltd 2020 NZSC 110.

China’s Revised Patent Law Passed

30th October 2020

On 17th October 2020 the Standing Committee of China’s 13th National People’s Congress (NPC) approved the Draft Amendments to China’s patent law. The amendments will take effect from 1st June 2021.

Supreme Court Decision Strongly Encourages Searching Before Filing

16th October 2020

In International Consolidated Business Pty Ltd v SC Johnson & Sons Ltd 2020 NZSC 110 the Supreme Court partially overturned the Court of Appeal judgment, but still upheld the Court of Appeal’s conclusion that SC Johnson’s mark can proceed to registration.

Regulatory Ban on Product Held Insufficient Basis for Non-Use of Trade Mark

9th October 2020

In InterAg v Bayer Intellectual Property GmbH 2020 NZIPOTM 21 the Assistant Commissioner revoked a trade mark after finding that a ban on the use of a product did not constitute special circumstances sufficient for justifying the non-use of a registered trade mark that was used in relation to a product that contained the banned product.