Intellectual Property Law: Developments & Innovations

Ensure that you are at the forefront of intellectual property law by joining our panel of prominent experts as they discuss current developments and innovations. Hear a comprehensive update on landmark cases and unpack Mātauranga Māori protection and the implications of the new NZ-UK Free Trade Agreement on New Zealand IP Law. Gain insights and practical strategies for effective online IP ownership and personal data handling. This is a jam-packed event not to be missed!

Tuesday, 18 June 2024
Session 1: IP in Culture, Cyber and Copyright Works


Chair: 
Hamish Selby, Partner, Buddle Findlay

11.15am to 12.15pm The Wild West Web: Online Ownership & Enforcement of IP


As businesses increasingly move online to sell and promote their goods and services, the rules around intellectual property ("IP") ownership have sometimes struggled to keep up, and unforeseen problems have arisen.

  • How generative AI is resulting in ownership uncertainties and consumer confusion
  • How issues of infringement, fair use and derivative works are hindering innovation
  • Strategies for navigating risks, including infringement liabilities and the use of unlicensed content in training data

Presented by Rachel Triplow, Senior Associate, Duncan Cotterill; Intellectual Property Law Specialist, Trade Mark Attorney

12.15pm to 1.15pm What the New NZ-UK Free Trade Agreement Means for New Zealand Copyright Law

 

  • Notable intellectual property provisions included in the Agreement
  • Artists’ resale right scheme and the value of copyright works
  • Geographical indications

Presented by Tim Mahood, Partner, Hudson Gavin Martin

Learning Objectives:
  • Gain insights into the latest legal developments and precedents
  • Explore the intersection of Mātauranga Māori and New Zealand intellectual property law
  • Examine the challenges of online intellectual property ownership and enforcement
  • Understand what the NZ-UK Free Trade Agreement Means for NZ Copyright

2.00pm to 3.00pm Meta’s €1.2 Billion Fine and How to Handle Big Data

 

  • Compliance strategies for acquiring, storing and transferring data
  • Case study: Meta’s unlawful transfer of personal data from Europe to the US
  • New EU-US Data Privacy Framework and its implications on Trans-Tasman intellectual property law

Presented by Kristin Wilson, Senior Associate, Bell Gully

3.00pm to 4.00pm How to Increase Profitability by Raising the Commerciality of IP

 

  • Understanding the impact of sound IP policy and strategy on the value of a business
  • Brand management and efficiencies for net profit growth
  • How to leverage intangible assets to attract investors

Presented by Owen Culliney, Partner, iClaw

Learning Objectives:
  • Gain insights into compliance strategies for acquiring, storing, and transferring data
  • Learn best practices in selecting and briefing experts in intellectual property disputes
  • Navigate the legal landscape governing the admissibility of expert evidence
  • Obtain practical insights into IP dispute resolution strategies from recent cases
Description

Attend and earn 7 CPE/CPD hours

9.00am to 10.00am A Comprehensive Review of Legal Developments in the Past Year


Explore the key takeaways from latest precedents and current trends, including the Manuka Honey and Bed Bath & Beyond cases. Obtain a thorough understanding of key rulings, precedents, and emerging trends that will shape the year ahead.

Presented by Richard Watts, Partner, Simpson Grierson

10.00am to 11.00am Mātauranga Māori and Intellectual Property

 

  • A brief overview of the extent to which Aotearoa New Zealand's statutory intellectual property rights recognise or protect Mātauranga Māori (traditional knowledge)
  • The limitations of copyright as a way to protect Māori creative works, customs and history
  • Case study: the sale of a treasured, out-of-copyright painting that depicts an iwi's most significant tupuna (ancestor)

Presented by Jack Oliver-Hood, Barrister

11.00am to 11.15am Morning Break
Session 2: Practical Strategies for Managing Commerciality, Data and Disputes


Chair: 
Michael Moyes, Partner, Duncan Cotterill; Aia-Pacific 2024: Intellectual Property, Technology, Media, Telecoms (TMT), Chambers

4.00pm to 4.15pm Afternoon Break
4.15pm to 5.15pm Deploying Expert Evidence in IP Disputes: Reflections on Four Recent Cases

 

  • Strategies for deciding what expert evidence to use in IP disputes
  • Best practice in selecting experts and briefing compelling expert evidence
  • Navigating the rules governing the admissibility of expert evidence
  • Cases:
    • ZURU New Zealand Ltd v LEGO Juris A/S (HC – 2023)
    • Bed Bath & Beyond (HC – 2023)
    • Inguran, LLC v CRV Ltd (HC – 2023)
    • Genesis Energy Ltd v Z Energy Ltd (HC – 2021)

Presented by Justin Graham, Partner, Chapman Tripp; Tom Cleary, Senior Associate, Chapman Tripp

Presenters


Jack Oliver-Hood, Barrister
Jack is a barrister practising in Tāmaki Makaurau, specialising in commercial litigation and intellectual property. He holds degrees in law from the University of Auckland and Columbia University. Alongside his practice as a barrister, Jack is also an adjunct lecturer at the Auckland University of Technology where he is currently teaching the law of evidence. He is also a co-author of Mahoney on Evidence, and a member of the Law Commission's special advisory panel.


Richard Watts, Partner, Simpson Grierson
Richard Watts is one of New Zealand's pre-eminent IP lawyers, and considered New Zealand's leading expert on IP commercialisation and strategy. He co-heads Simpson Grierson's intellectual property group, advising a number of the world's leading companies in the FMCG, pharmaceutical, IT, and sports industries. Richard works with a number of leading pharmaceutical companies and research institutions, developing commercialisation strategies for leading local and international businesses. Acting for a number of leading brands in the FMCG area, Richard has co-, ordinated trade mark protection, enforcement and border protection measures for numerous household names, both in New Zealand and abroad. Richard is also highly regarded in copyright law, particularly in relation to IT and new technologies, having advised a number of the world's favorite brands in relation to the launch of their new electronic and web products in New Zealand. Richard appears frequently in IP disputes, having appeared in leading Supreme Court and Court of Appeal IP cases, as well as in the High Court, Copyright Tribunal and Intellectual Property Office.


Tim Mahood, Partner, Hudson Gavin Martin
Tim loves the law. He finds it intellectually stimulating and engaging. His time as a general counsel has given him an invaluable understanding of the commercial world, what clients want to achieve, and how legal issues fit in with broader business strategy. Tim is Hudson Gavin Martin’s litigation lead, having significant commercial disputes experience, but as a qualified patent attorney has a particular a soft spot for IP and tech disputes.


Owen Culliney, Partner, iClaw
Owen sees the law differently. A founding partner of iCLAW, he started the firm with the vision of an innovative, boutique practice that puts people at the centre of every decision. Owen’s 15-year legal career has taken him from commercial property transactions at Harkness Henry to general practice, rural property, general counsel in the medico-legal space and partnership at a midsized Waikato firm. At James & Wells, Owen grew a corporate and commercial practice specialising in intellectual property and developed a bustling property division alongside Aasha Foley. Owen has established himself as a trusted adviser in the corporate and commercial space and continues to oversee the property practice at iCLAW while remaining engaged in the medico-legal field. Clients love him because of his ability to get to the heart of an issue and provide strategic solutions. Whether working with a small business or a multinational corporation, Owen approaches every interaction with a genuine desire to do right by the people he is helping. His passion for elevating clients’ success on the local and international stage is what drives him to continue to grow and innovate.


Michael Moyes, Partner, Duncan Cotterill
Michael’s practice spans a broad range of industries and market sectors – including advertising and marketing, aged care, agriculture, automotive, banking and financial services, competition and antitrust, construction, e-commerce, education, energy, entertainment, fashion, FMCG, food and beverage, health, horticulture, insurance, manufacturing, pharmaceutical, publishing, retail, and technology. This wide-ranging knowledge allows him to excel in advising clients on their complex and business critical projects. A common thread across this rich tapestry is that Michael helps clients to find solutions to challenges that lay at the intersection between business, legal, commercial and other considerations. After 20 years practising law and leading teams in Australia and New Zealand, Michael is privileged to be recognised as a market leader in technology law and intellectual property (IP). He is accredited by the world's leading practical qualification provider, in the European General Data Protection Regulation, (GDPR), ranked as a ‘Leading Individual’ in the Legal 500 Asia Pacific 2022 for both Intellectual property and TMT and ranked in the Chambers and Partners Directory 2021. Michael is also recognised in the World Trademark Review 1000 2022 as a recommended individual for transactions. Michael is a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ), the International Trademark Association (INTA) and the Project Management Institute of New Zealand (PMINZ).


Kristin Wilson, Senior Associate, Bell Gully
Kristin is an experienced litigator with particular expertise in intellectual property, media law, privacy (including cyber security), and consumer law. She has represented clients in the District Court, High Court, Court of Appeal and Supreme Court, and often acts for clients in the context of urgent injunctions. As part of her practice, Kristin advises clients on how best to protect their intellectual property against infringement, and how to respond when a claim of infringement is made against a client or third party. Kristin is also experienced in dealing with the Office of the Privacy Commissioner and is a “go to” lawyer in the event of a privacy breach, having assisted large national and international organisations to respond to privacy breaches and manage the aftermath of a breach. On the front-end, Kristin advises clients on how to mitigate the risk of privacy breaches through robust policies and contractual measures, and has assisted several large clients with privacy audits and compliance assessments.


Hamish Selby, Partner, Buddle Findlay
Hamish is a partner at Buddle Findlay, who specialises in intellectual property and leads the Buddle Findlay IP team. He has practised for over 20 years experience and has extensive experience advising clients in New Zealand, Australia, the Pacific Islands and overseas. Hamish advises clients about all aspects of IP, including creation, development, protection, commercialisation, enforcement and management, including copyright, trade marks, registered designs, patents and domain names. He acts in non-contentious, contentious and transactional IP matters. Hamish is privileged to act for some of the world's largest multi-national companies, large New Zealand companies, small-medium sized companies and local and central government clients as well as start-up/early stage businesses, who all entrust their IP rights with him. He is also proud to provide pro bono advice to a well-known international and local not-for profit businesses. Hamish acts for many food and beverage clients and provides IP advice to these clients, including in New Zealand, Australia and key export markets. In recognition of his expertise, Hamish is ranked in international legal directories, including Legal 500, World Trade Mark Review and Chambers and Partners. Hamish is also affiliated with a number of IP organisations, including IPSANZ (where he is a member and sits on the New Zealand executive committee), INTA (where he is a member and is on an Asia Pacific IP Office Practice subcommittee) and NZIPA. Hamish has a LLB and BSC (Biochemistry) from the University of Otago.


Rachel Triplow, Senior Associate, Duncan Cotterill
Rachel is a NZ / UK qualified lawyer who has specialised in intellectual property law for more than 20 years, with roles including: Assistant Commissioner at the Intellectual Property Office of New Zealand; General Counsel of an ASX listed intellectual property investment and commercialisation company; UK Counsel for an international IT/IP company; and senior solicitor roles in IP law firms in New Zealand and the United Kingdom. Over her career, Rachel became increasingly aware of the need to educate start-ups and small businesses about IP, and help them to own and commercialise their ideas. In response she launched aRc Legal in 2015 which delivered the legal support needed in an innovative way that made it accessible and affordable to her clients. In 2024 Rachel was looking for ways to scale her practice, and joined the team at Duncan Cotterill as a Senior Associate


Tom Cleary, Senior Associate, Chapman Tripp
Tom is a commercial litigator, specialising in intellectual property, defamation, privacy and consumer protection disputes. He has represented clients in the High Court, Court of Appeal and Supreme Court, in arbitrations and mediations, and before IPONZ in significant disputes ranging from patent infringement actions and trade mark disputes to high-profile defamation claims and negligence actions. Tom is a registered Australian Trade Marks Attorney and trainee patent attorney. He co-authors the patent and copyright infringement sections in Intellectual Property Law (LexisNexis). He is recognised as a rising star for intellectual property by Legal 500 Asia Pacific 2024 and Managing IP 2023, and an associate to watch by Chambers Asia Pacific 2024.


Justin Graham, Partner, Chapman Tripp
With a reputation for managing and resolving complex commercial litigation and disputes, Justin is the head of Chapman Tripp’s national Litigation practice. He has frequently appeared as counsel in civil proceedings in the High Court, Court of Appeal and Supreme Court, international and domestic arbitrations, and specialist tribunals such as the Intellectual Property Office of New Zealand. Justin is one of New Zealand's leading media and intellectual property lawyers, with extensive experience in defamation, privacy, patent, copyright and trade mark litigation. A member of Te Waka Ture, our Māori Legal Group, Justin has advised many iwi including Ngāti Whātua Ōrākei, on governance, Treaty of Waitangi, and Māori land issues. Justin lectures at the University of Auckland, at both undergraduate and postgraduate level, in corporate transactions, iwi governance and intellectual property law. He is the author of the New Zealand chapter of International Copyright Law published by Globe Law and Business. He is recognised as a leading individual by Legal 500 Asia Pacific 2024 for dispute resolution and intellectual property.

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Intellectual Property Law: Developments & Innovations

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