Electronic Transactions Bill

The bill is intended to advance the goal of facilitating the use of modern technology and to take advantage of the knowledge economy. It contains provisions intended to facilitate these types of communications by enabling electronic communications to be used, provided they are functionally equivalent to paper-based legal requirements. The [...]

Computer Crimes

Through a Supplementary Order Paper dated November 7 2000, an amendment to the Crimes Act was proposed through the Crimes Amendment Bill (No 6). The purpose of the Supplementary Order Paper was to add a new computer offence to those currently included in the Crimes Amendment Bill (No 6).

The new offence [...]

UDRP – Type Procedure For Domain Name Disputes

The Internet Society of New Zealand (ISOCNZ) is setting up a working group to consider the question of whether New Zealand should adopt a UDRP-type arrangement to resolve New Zealand country code domain name disputes.

This will continue through 2001 and some change to the status quo is expected, whether in the [...]

Domain Names

The courts in New Zealand have been willing to uphold rights in domain names and to require cybersquatters to either cancel their registered domain names or to hand them over to the plaintiff. In this sense, domain names have been treated as another species of IP right, even if technically speaking [...]

Passing Off

The issue of passing off and breach of the Fair Trading Act 1986 was considered in the High Court in 2000. In Patience & Nicholson (NZ) Ltd v Cyclone Hardware Limited (High Court, Auckland, CP685/98, 25 June 2000, Rodney Hansen J), the issue of ownership of rights in names and trade [...]

Patenting of Life Forms

Maori have long been concerned with the possible ability to patent life forms.
The Ministry of Commerce set up a focus group to provide recommendations. It has suggested the following options for reform of the patent system:
• Set up an effective process for working with relevant Maori groups to resolve issues about [...]

Patents – Ancare New Zealand Ltd v Cyanamid of NZ Ltd

This decision involved the New Zealand Court of Appeal considering an appeal against two decisions of Justice Morris in the High Court. The revocation decision is Novartis New Zealand Limited & Cyanamid of New Zealand Limited v Ancare New Zealand Limited CP480/97, Auckland High Court, 19 June 1998, (unreported). The case [...]