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IP News to Peruse

Changes to Patent and Trade Mark Fees Imminent

3rd April 2019

Following feedback from submissions sought during the middle of 2018 IPONZ has now submitted and received Cabinet approval for its Fees Review, which will involve amendments to patent and trade mark fees and hence regulations.

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Existing Registration Not Necessarily a Bar for a Different Applicant’s Identical Application

28th March 2019

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a valid application for the identical mark and goods, which can proceed to registration once the prior registration is no longer in force...

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Exemptions for IP from Prohibitions on Restrictive Trade Practices Repealed

22nd February 2019

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.

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Computer Implemented Business Method Found to Involve Patentable Subject Matter

28th January 2019

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.

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Different Types of Insufficiency Considered in Assistant Commissioner’s Decision

17th December 2018

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...

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