Hudson Gavin Martin > Wayne Hudson

Commercialising Innovation

Sun, 05 Sep 2010 06:12:28 GMT

A set of guidelines to help you ensure that your innovation is genuinely unique, assess whether to commercialise, identify partners and raise capital.

Trade Me v Vertical Axis

Sun, 05 Sep 2010 06:12:28 GMT

A recent decision concerning the registration of domain names under the Uniform Dispute Resolution Policy (UDRP) involving the domain illustrates how hard it can be for New Zealand businesses to protect their IP from cyber squatters overseas, and the need for defensive IP protection strategies.

Contracting out of the commissioning rule and Maxim Group v Jones Publishing

Sun, 05 Sep 2010 06:12:28 GMT

The commissioning rule in the Copyright Act 1994 automatically allocates copyright ownership to the “commissioner” for artistic works, film or sound recordings, and computer programs. Parties can however contract out of this default rule. Maxim Group v Jones Publishing is a recent High Court decision which provides a warning to parties wishing to contract out of the default rule.

Security Interests Under The PPSA – A Warning For Artists

Sun, 05 Sep 2010 06:12:28 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.

Commissioned Works

Sun, 05 Sep 2010 06:12:28 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

Sun, 05 Sep 2010 06:12:28 GMT

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

Strategic decisions in relation to Intellectual Property

Sun, 05 Sep 2010 06:12:28 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

Sun, 05 Sep 2010 06:12:28 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

Sun, 05 Sep 2010 06:12:28 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

Sun, 05 Sep 2010 06:12:28 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.