Latest News & Articles
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24 September 2024
As of October 1, 2024, substantial changes will be implemented regarding the costs awarded in patent, trade mark, and design rights proceedings. These adjustments reflect a significant increase in the amounts that can be claimed as costs following a hearing. With increasing stakes for both winning and losing parties, the dynamics of IP disputes are set to shift, influencing how parties approach their cases.
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17 September 2024
The New Zealand High Court has overturned a decision of the Commissioner of Patents not to allow an applicant to correct an omission, made by the applicant’s patent attorney, in not requesting postponement of acceptance of a New Zealand patent application.
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4 September 2024
IPAustralia has just completed its four-yearly fee review, with changes to come into effect from 1 October 2024. While the majority of the changes are fairly straightforward and customary, a change to the way excess claim fees for patent applications are charged presents a new consideration for patent applicants and their advisors in Australia.
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13 August 2024
In the patent sphere, while the law on inventorship by non-human inventors is now largely settled, the UK High Court recently caused a stir by finding an invention which was heavily reliant on an artificial neural network (ANN), patentable. This note covers the appeal of that decision and its implications.
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4 June 2024
The High Court decision in Manuka Doctor Ltd v Hill considers the issue of trade mark similarity, and the pivotal consideration of distinctive versus descriptive elements in deciding whether there is a sufficient risk of deception or confusion in order to deny registration.
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17 May 2024
A case covering the interesting and novel issue of the interplay between copyright law and ownership and relationship property, has culminated in the 2024 Court of Appeal decision, now with leave to appeal to the Supreme Court.
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9 May 2024
Under the Geographical Indications (Wines and Spirits) Registration Act 2006 (“the Act”), it is possible to register in New Zealand a Geographical Indication (GI) for wine and spirits. Following an amendment to that legislation, the nationals of some countries now have protection for GIs for a broader range of goods.
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26 April 2024
With the enactment of the Trade Marks Act 2002, the Māori Trade Marks Advisory Committee was established to address Māori concerns relating to the registration of trade marks that contain a Māori sign. This article discusses the new practice guidelines that can be used to ensure appropriate use on your end.
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15 March 2024
The New Zealand Court of Appeal has had the opportunity to consider the novel issue of whether copyright is relationship property in terms of the Property (Relationships) Act 1976 (PRA) following the breakdown of a relationship and found that it is.
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12 March 2024
The beginning of 2024 has showcased what we forecast for the rest of the year, with a number of awards recognising Henry Hughes and notable individuals for their work