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

CAFC Admonishes District Court’s Off-Target Means-Plus-Function Analysis

31st March 2022

In Dyfan LLC v Target Corporation 21-1725 the Court of Appeal for the Federal Circuit (CAFC) reversed a District Court decision on the basis that it had wrongly found that the relevant claims were in means-plus-function format.

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Significant Use of Mark in Sponsorships Assists Pirelli’s Opposition to Similar Mark

11th March 2022

In Rodin Cars Limited v Pirelli Tyre S.P.A. [2022] NZIPOTM 4 Pirelli’s sponsorships of various highly viewed events partially made up for its lack of New Zealand trade or consumer related evidence on confusion.

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Recent IPONZ Patent Examination Manual Updates

9th March 2022

The IPONZ Patent Examination Manual has recently been updated in relation to the section 67 provisions that set a response deadline for examination reports and in relation to 'reach through' claims under section 39.

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Bankable – but is it patentable? The RBNZ’s “cash system redesign” report, through a “patent” lens

7th March 2022

The Reserve Bank of New Zealand (RBNZ) has released a report[1] on cash (that is to say, banknotes and coins, as opposed to digital / electronic banking protocols), its importance in the economy, and the issues it faces in a modern-day context.

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Damages from Unsuccessful Copyright Claim Thwartable by Patent Assertion

25th February 2022

In Orion Marine Ltd v Sealegs International Ltd 2021 NZHC 3207 the Judge found no unjustifiable prejudice or abuse of process in Sealegs patent infringement defence to the damages action brought against them after they lost their copyright infringement case.

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