Definition and overview A patent is a monopoly right granted for a limited period, for a product or process which is novel (new) and inventive (non-obvious).  A patent is able to cover the broad concept of an invention, preventing others from exploiting the patented invention, while the patent is in force.  In return for the state conferring a monopoly, the patented invention becomes part of the public domain and can be used [...]

2020-06-08T01:54:35+00:00Intellectual property|Comments Off on Patents

Passing off

The law of passing off prevents traders from appropriating the goodwill of their competitors by passing off their business as either being that of or associated with the business of another.   To a certain extent the law of passing off has been replaced by the Fair Trading Act, and almost all passing off claims will rely on the Fair Trading Act in the alternative.  Nevertheless, there can be practical advantages to [...]

2020-07-28T00:41:24+00:00Intellectual property|Comments Off on Passing off

Comparative advertising and the Fair Trading Act

While the Trade Marks Act governs whether comparative advertisements are permitted in the first place, the Fair Trading Act complements this regime by providing rules that can be used to regulate the substance of such advertisements.   There are four sections of the Fair Trading Act potentially relevant to the practice of comparative advertising.  These are: (a) section 9 (misleading and deceptive conduct in the course of trade); (b) sections 10 and [...]

2020-07-28T00:41:40+00:00Intellectual property|Comments Off on Comparative advertising and the Fair Trading Act

Fair Trading Act

The Fair Trading Act regulates the conduct of people who are engaged in trades.  It is primarily a consumer protection measure, but is also readily used by competitors engaged in intellectual property disputes, given the relatively broad wording of the operative provisions.  The Act applies to parties engaged “in trade”.  This clearly applies to companies, but can also cover individuals and the Crown depending on the particular activities.   There are a [...]

2020-06-02T01:48:19+00:00Intellectual property|Comments Off on Fair Trading Act

Trade mark oppositions

  This post looks at the trade mark opposition procedure in New Zealand, some practical tips for enhancing your chances of success on an opposition and options if no opposition is lodged and a mark proceeds to registration.   What is a trade mark? A trade mark can consist of a word, phrase, logo, colour, smell or shape or any combination of those items.  Trade marks are registered in a country by [...]

2020-07-28T00:41:54+00:00Advocacy & Litigation, Intellectual property|Comments Off on Trade mark oppositions
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