Paper given to the Auckland District Law Society in August 2007
1.The purpose of this paper is to update practitioners on recent developments in the copyright law area. I approach the task in two parts. Firstly, dealing with the principal legislative developments and secondly looking at a couple of other developments of interest.
Main Legislative [...]
RECENT DEVELOPMENTS IN IP LAW
This paper was written for the Auckland District Law Society and presented to its members in October 2005
1.INTRODUCTION
The aim of this paper is to give practitioners an overview of some of the more important recent developments in intellectual property (IP) law in New Zealand. The focus [...]
In New Zealand the Ministry of Economic Development (MED) is considering issues relating to the enforcement of the criminal provisions contained in the Trade Marks Act 2002 and the Copyright Act 1994. In particular, the Ministry is investigating the possibility of the Ministry’s National Enforcement Unit (NEU) taking on a role [...]
This article was published in the June 2008 edition of the New Zealand Law Journal. This topic is of interest to me through my involvement as co-convener of the New Zealand Law Society’s Intellectual Property Committee (which contributed to the Society’s submissions to the Select Committee) and through appearing before the [...]
The copyright/design overlap has caused headaches for many in Australia.
The High Court of Australia has just ruled on the issue. Commentators see it as a major decision which will cast welcome light on the debate.
The yacht at the centre of the dispute is the JS 9000
It is described as a simple, [...]
“For two years after the first transport arrived in Botany Bay no word or supplies came from England. Even Commander Phillip wondered if England had forsaken or forgotton them ….”
Colleen McCullough
Morgan’s Run, Century, 2000
INTRODUCTION
This article is a modified version of a paper given by the author at the September 2000 International Bar [...]
The issue of interception was graphically illustrated in a recent High Court decision in S P Bates & Associates Ltd v Woolworths (NZ) Ltd (HC Auckland, CL 15/02, 13 March 2003, Fisher J; unreported, noted in 26 TCL 15/2 and [2003] BCL 391).
The plaintiff trades under the name “SecureNet”. SecureNet is an [...]
Internet technology has spawned a plethora of devices and software for identifying, tracking, collating and retrieving information, often including personal information. The most common of these are rather endearingly referred to as cookies, spiders and web bugs. However, other names exist.
Cookies and Web Bugs
Cookies are data files which reside on a [...]
“Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond [...]
Background
As Owen Morgan notes in his paper, when it comes to small South Pacific nations, they have little room to move in the harmonisation environment. Furthermore, given the trend towards higher rather than lower international norms and standards, the risk is that countries like New Zealand are being driven inexorably down [...]
