Hudson Gavin Martin > Intellectual Property

Patentability of computer programs

Sun, 05 Sep 2010 05:59:40 GMT

Following its review of the proposed Patents Bill, the Commerce Select Committee has recommended excluding computer programs as inventions capable of patent protection. This recommendation has received a lot of attention and has led to a range of submissions on the issue of patentability of computer programs and the potential impact of the Select Committee’s recommendation.

Recorded Music in Public Places

Sun, 05 Sep 2010 05:59:40 GMT

Being NZ music month, and in light of some recent developments in the area of copyright and music, we thought it timely to remind businesses of their obligations in relation to playing music in public places.

The Guide

Sun, 05 Sep 2010 05:59:40 GMT

HGM is proud to support innovation and we have many clients who come to us with a great idea and want to understand the process for taking that concept to market. While no two ideas will ever require identical solutions, there are a number of key steps that all innovators should consider.

Copyright (Infringing File Sharing) Bill

Sun, 05 Sep 2010 05:59:40 GMT

The issue of how New Zealand will deal with unauthorized sharing of copyright material via the internet has taken another interesting turn. Current enforcement measures under the Copyright Act 1994 are considered ineffective. Section 92A of the Act was intended to provide a way to address this problem by forcing ISPs to have a policy providing for account termination, but was met with a lot of public concern. Readers may recall that at the time of our last article of 15 July 2009 Government were considering amending the section. On Tuesday, Minister of Commerce Simon Power introduced the Copyright (Infringing File Sharing) Bill (the Bill) to Parliament which if passed will repeal s92A in favour of a new set of enforcement measures.

No Copyright in Compilations and Databases?

Sun, 05 Sep 2010 05:59:40 GMT

In an eagerly awaited decision of the Federal Court of Australia, Justice Gordon held that no copyright subsists in the White Pages and Yellow Pages directories.

The decision has significant ramifications for producers of compilations and databases of factual information (such as telephone directories, public transport timetables and horse racing guides) as it suggests that such works may not be capable of copyright protection.

Trans-Tasman Trade Mark Examination Project

Sun, 05 Sep 2010 05:59:40 GMT

Recently announced cooperation between IPONZ and their Australian counterpart provides new momentum towards harmonized trade mark examinations. As a result New Zealand businesses operating in Australia should be less likely to find applications for their brands treated differently across the Tasman.

New non-Latin alphabet scripts in the international domain

Sun, 05 Sep 2010 05:59:40 GMT

As a predominantly English speaking country, the Latin alphabet is an all-encompassing aspect of communication. Its use as the sole internet domain script has most likely never seemed problematic. But how does this sit with more than half of the world’s internet users who live by non-Latin alphabet scripts?

Proposed new Google Books Settlement Agreement has implications for New Zealand

Sun, 05 Sep 2010 05:59:40 GMT

Readers may recall that at the time of our 22 September article, concerns were being raised over the proposed Google Books settlement agreement. On 13 November 2009 an amended settlement agreement which has implications for New Zealand authors was filed with the United States District Court for consideration.

Commercialising Innovation

Sun, 05 Sep 2010 05:59:40 GMT

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

High Court decision examines interaction of PPSA and the Copyright Act 1994

Sun, 05 Sep 2010 05:59:40 GMT

In a recent High Court decision Viacom Global (Netherlands) B.V v Scene 1 Entertainment Limited (In Receivership) & Anor the High Court has been required to decide on the priority between the Copyright Act 1994 and the Personal Properties Securities Act 1999.

Trade Me v Vertical Axis

Sun, 05 Sep 2010 05:59:40 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.

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

Sun, 05 Sep 2010 05:59:40 GMT

Further to our previous article of 16 April 2009, the Select Committee has reported back with its views on the Bill which it recommends passing with a number of suggested amendments. We set out the more significant of these amendments below.

Google Books Settlement Update

Sun, 05 Sep 2010 05:59:40 GMT

Since our previous article on the settlement, the US Department of Justice (DOJ) has issued a Statement of Interest in which it recommends that the Court should reject the settlement in its current form as it violates class action and competition law.

Google Books Settlement

Sun, 05 Sep 2010 05:59:40 GMT

Recent developments in the United States relating to the digitisation of books by Google could have a profound effect on the New Zealand public, authors and publishers.

New proposal on internet copyright infringement

Sun, 05 Sep 2010 05:59:40 GMT

The struggle between rights holders and users of copyright works in the digital environment took another interesting turn yesterday when Minister of Commerce Simon Power announced a policy proposal aimed at reworking section 92A of the Copyright Act 1994.

Facebook’s new personal URL registrations

Sun, 05 Sep 2010 05:59:40 GMT

On Tuesday 9 June social networking site Facebook announced that from Saturday 13 June users of Facebook can apply for personal URLs in the format of www.facebook.com/yourname. While this may be viewed as a great opportunity for those seeking a bit of personal publicity it will be viewed by trade mark and brand owners with concern in light of domain name squatting issues that have arisen in recent times.

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

Sun, 05 Sep 2010 05:59:40 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.

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

Sun, 05 Sep 2010 05:59:40 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

Sun, 05 Sep 2010 05:59:40 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.

Launch of .TEL Domain Names

Sun, 05 Sep 2010 05:59:40 GMT

.TEL is a new sponsored top level domain name aimed at creating a global accessible source of contact information for businesses and individuals without the need for the domain holder to create, host and maintain a website.

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

Sun, 05 Sep 2010 05:59:40 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

Sun, 05 Sep 2010 05:59:40 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 05:59:40 GMT

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

Changes to GTLDs

Sun, 05 Sep 2010 05:59:40 GMT

Generic top level domains (or gTLDs) are the characters after the last “dot” in a web address, for instance .com or, more recently, .info and .biz

Strategic decisions in relation to Intellectual Property

Sun, 05 Sep 2010 05:59:40 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 05:59:40 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 05:59:40 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 05:59:40 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.