Existing Registration Not Necessarily a Bar for a Different Applicant’s Identical Application
In 2019 NZCA 61 International Consolidated Business Pty Ltd v SC Johnson & Son Inc the Court of Appeal confirmed that when a prior registration is in force a different applicant can make a valid application for the identical mark and goods, which can proceed to registration once the prior registration is no longer in force...
Exemptions for IP from Prohibitions on Restrictive Trade Practices Repealed
From 19th August 2019 the exemptions from the prohibitions on restrictive trade practices that allowed for certain dealings in intellectual property will be removed when the repeal of subsection 51(3) of the Competition and Consumer Act 2010 takes effect.
Computer Implemented Business Method Found to Involve Patentable Subject Matter
In the recent Federal Court decision Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 a computer implemented business method was found to involve a technical solution to a technical problem and so was found to have patentable subject matter.
Different Types of Insufficiency Considered in Assistant Commissioner’s Decision
In 2018 NZIPOPAT 18 Bayer New Zealand Ltd v Zoetis LLC the Assistant Commissioner distinguished between three different types of insufficiency and upheld the opposition principally on the basis of insufficiency by ambiguity...
Broad Range of Issues Raised for Consideration in Copyright Issues Paper
On 23rd November 2018 an Issues Paper on the Copyright Act 1994 was released, with feedback sought (by the 5th April 2019) on a wide range of issues, which will influence the subsequent production of an Options Paper...