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

Court of Appeal Clarifies Ownership and Eligibility of Foreign Copyright Owners

20th June 2017

In 2017 NZCA 217 ESR Group v Burden the Court of Appeal overturned the trial Judge’s findings in respect of ownership, holding that while Burden was a joint author of technical drawings he was not the owner of copyright in the drawings...

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Reputation can Accrue even though Use Contrary to Law

24th May 2017

In Auckland Agricultural Pastoral and Industrial Shows Board v Royal Agricultural Society of New Zealand an Assistant Commissioner held that an opponent can establish awareness of the marks it relies on under s 17(1)(a) of the Act even when use of those marks may have been a technical breach of other legislation...

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Court of Appeal Upholds Finding that Devices are Dissimilar on Balance

19th April 2017

Even re-orienting the alleged infringing mark deemed insufficient to lead to deception or confusion...

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Descriptiveness of Foreign Words Clarified

24th March 2017

Recent Assistant Commissioner’s decision A Menarini Industrie Farmeutiche Riunite SRL clarified the assessment of descriptiveness in relation to foreign words...

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NZ Supreme Court Favours Narrow Rights Resulting from Trade Mark Use

24th February 2017

Supreme Court rules that marks used by Lacoste cannot count as use of contested mark...

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