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In the recent Commissioner’s Decision 2017 NZIPOPAT 16 Charles Caulder Bree the Assistant Commissioner confirmed that the test for the ‘fair basis’ requirement that applied under the Patents Act 1953 cannot be used when considering the ‘support’ requirement under the Patents Act 2013...
Read moreOn the 6th July 2017 IPONZ joined the Global Patent Prosecution Highway (GPPH) pilot program.
Read moreIn 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...
Read moreIn 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...
Read moreEven re-orienting the alleged infringing mark deemed insufficient to lead to deception or confusion...
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