Hudson Gavin Martin > Design

Update on the progress of the Trade Marks (International Treaties and Enforcement) Amendment Bill

Wed, 08 Sep 2010 12:05:03 GMT

Readers may recall that at the time of our last article of 27 November 2008, progress of the Bill was uncertain due to the General Election and change of Government. Now that Parliament is sitting again progress of the Bill has resumed.

Security Interests Under The PPSA – A Warning For Artists

Wed, 08 Sep 2010 12:05:03 GMT

Many artists who leave their works with retailers, art galleries, or cafés for sale, may be unaware that New Zealand’s security laws severely restrict their ability to retrieve those works.

Recently, New Zealand artists were given a wake-up call with the financial collapse of Eon, a prominent outlet for the country’s design community. Unbeknownst to many, Eon had given security to its bank over all of its assets, which left the artists with no reasonable prospect of retrieving their works or getting paid for them.

Combating counterfeits: Trade Marks (International Treaties and Enforcement) Amendment Bill

Wed, 08 Sep 2010 12:05:03 GMT

The Trade Marks (International Treaties and Enforcement) Amendment Bill introduces, among other things, prosecution powers for Customs and the Ministry of Economic Development to enforce the criminal offence provisions relating to counterfeit goods and pirated works under the Trade Marks Act and the Copyright Act.

Commissioned Works

Wed, 08 Sep 2010 12:05:03 GMT

If the author of the copyright work is “commissioned” by a customer to create the work, the current default position under the Copyright Act is that the commissioner will become the first owner of the copyright

Commercialising Intellectual Property

Wed, 08 Sep 2010 12:05:03 GMT

There are several methods that an owner can use to commercialise a product or idea.

Strategic decisions in relation to Intellectual Property

Wed, 08 Sep 2010 12:05:03 GMT

Before starting to market or sell a product, process or idea, it is advisable to stop and examine the available options and seek professional advice at the outset. Taking advice early can avoid expensive ongoing legal disputes at a later stage.

Copyright Issues Arising With Employees

Wed, 08 Sep 2010 12:05:03 GMT

Copyright gives the owner the exclusive right to use and authorise use of the relevant work. Therefore, who owns what in relation to the work that attracts copyright is important. The general rule under the Copyright Act 1994 is that the author is the first owner of the copyright in the work which is created.

Creative Commons Licences

Wed, 08 Sep 2010 12:05:03 GMT

Creative Commons is a US based, non-profit organisation founded in 2001. It offers a range of licensing options that creators of copyright works can use (free of charge) to define how other people may use, distribute and/or modify their copyright works.

Fair Use and Permitted Acts

Wed, 08 Sep 2010 12:05:03 GMT

In general, copyright in an original work (such as a book, journal article, photograph or film) gives the owner certain exclusive rights in relation to that work, including the right to copy the work, issue copies to the public and make adaptations of the work.