In a recent decision, the High Court of New Zealand provides useful guidance on preventing trade marks from becoming generic terms: Tasman Insulation Ltd v Knauf Insulation Ltd, [2014] NZHC 960 (May 9, 2014).

On 17 April 2014, the Intellectual Property Office of New Zealand (IPONZ) issued a document regarding the transitional provisions from the Patents Act 1953 to the Patents Act 2013. We have noted most of the transitional provisions as they apply to patent applications in previous articles. However, certain provisions of the Patents Act 2013 will apply to patents granted under the Patents Act 2013.

In combination therapy patents, the invention lies in the discovery of a particular therapeutic benefit to taking two (or more) different pharmaceutical actives together. To provide patent subject matter, the therapeutic benefit must be based on a synergistic or inter-working relationship between the actives in the body; for example, in enhanced activity or in the amelioration of side effects

The Australian High Court recently considered the patentability of methods of treatment of the human body in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50; 103 IPR 217.

If your trade mark comprises foreign language words, do not assume that it is registrable as a trade mark in Australia. Under the Trade Marks Act 1995 (“the Act”) a trade mark must be capable of distinguishing he applicant’s goods or services in respect of which the trade mark is sought to be registered from the goods or services of other persons. In other words, the trade mark must be distinctive. Depending on the nature of the goods or services of the application, the foreign language words may not be distinctive.

From 10 December 2012, New Zealand businesses will be able to take advantage of New Zealand’s accession to the Madrid Protocol. The Madrid Protocol allows New Zealand and foreign businesses to protect their trade marks in countries that are parties to the Protocol (“Contracting Parties”).

The Trade Marks Regulations 2003, made pursuant to the Trade Marks Act 2002, have been amended by the Trade Marks Amendment Regulations 2012.

The New Zealand Government has released a Supplementary Order Paper to amend the Patents Bill which is awaiting its second and third readings in Parliament. 

The Patents Act 2013 came into force on 13 September 2014 and is a replacement for the Patents Act 1953. This Act will make it more difficult and more expensive to obtain a valid patent in New Zealand, thus "raises the bar" for patentability in New Zealand. We recommend considering filing or entering national phase in New Zealand prior to 13 September 2014 in order to avoid the more onerous conditions of the Patents Act 2013.