Intellectual Property Disputes and Litigation
This best practice webinar will help you to hone your skills in intellectual property disputes and advocacy. You will receive a roundup of case law, practical insights into interim injunctions and preliminary applications, take a deep dive into litigation and settlement strategies - including mediation, and look at border enforcement notices. Walk away with the information you need to masterfully tackle your next intellectual property disputes matter. WEB2111NZA10
Description
Attend and earn 3 CPD hours
Chair: John Glengarry, Partner, Buddle Findlay; Patent Attorney and Trade Marks Attorney
1.30pm to 2.15pm Intellectual Property Case Update
Join Matt Toulmin as he examines a selection of recent and important cases affecting intellectual property law practice.
Presented by Matt Toulmin, Barrister, Mills Lane Chambers
2.15pm to 3.00pm Resolving IP Disputes: Litigation Strategies, Settlement Strategies and the Mediation Option
Gain practical insights into the various ways in which IP disputes are successfully resolved, usually without a court decision.
- How to use court and IPONZ proceedings effectively
- Tailoring the best strategy for the situation, with practical examples
- Settlement: When and how?
- Roadblocks to settlement
- The role of mediation in IP dispute resolution
Presented by Sheana Wheeldon, Barrister, Quay Chambers
Sheana Wheeldon is a barrister and mediator, with more than 30 years’ experience in resolving IP disputes.
3.00pm to 3.45 Interim Injunctions and Other Preliminary Applications
One of the most effective litigation remedies in an intellectual property proceeding is the interim injunction. Gain practical insights into how these and other preliminary applications can be used in IP disputes.
Presented by Laura Carter, Barrister, Sangro Chambers
3.45pm to 4.30pm Border Enforcement Notices as a Tool to Protect your Client’s Rights
Presented by Jason Wach, Partner, James & Wells
Learning Objectives:
- Understand how to effectively use an interim injunction or preliminary application to best advantage
- Gain expert insights on dispute resolution, IP litigation and settlement strategies
- Receive strategic guidance on how to use border enforcement notices effectively.
Presenters
John Glengarry
John Glengarry is a partner in the law firm Buddle Findlay, a Registered Trans-Tasman Patent Attorney, Registered Australian Trade Marks Attorney, Notary Public and specialist intellectual property lawyer with more than 30 years' experience in providing contentious and non-contentious intellectual property legal services in New Zealand and internationally. In addition to being a member of the New Zealand Law Society Intellectual Property Law Committee and the International Trademark Association (INTA) Anti-Counterfeiting Committee, John is Immediate Past President of the New Zealand Group of the Asian Patent Attorneys Association (APAA), a Fellow of the New Zealand Institute of Patent Attorneys (FNZIPA) and a member of Intellectual Property Society of Australia and New Zealand (IPSANZ). John leads Buddle Findlay's national trade marks group and is a co-leader of its intellectual property team.
Matt Toulmin
Matt is a dispute resolution expert with more than a decade of experience in a wide range of commercial litigation contexts. He enjoys the variety of acting for all manner of businesses, from advising sole trader-type enterprises right through to NZX-listed companies. Matt has a particular interest in intellectual property, including copyright, trademarks and domain name disputes. More generally, he enjoys the complexity of contractual damages arguments and is experienced in disputes involving insurance, information technology, company law, tort, conflict of interest, real estate agents’ regulation, regulatory investigations conducted by the Commerce Commission and Financial Markets Authority, and consumer law including the Consumer Guarantees Act 1993 and Fair Trading Act 1986. Prior to joining Mills Lane Chambers, Matt was a Special Counsel at MinterEllisonRuddWatts.
Laura Carter
Laura is a barrister specialising in commercial and intellectual property disputes. She has extensive experience advising on a wide range of IP issues, and acting on contentious trade mark, patent, copyright, Fair Trading Act and other consumer law disputes. She has regularly appeared before IPONZ, in the High Court, and in the Court of Appeal. Laura is a registered patent attorney (Australia and New Zealand).
Sheana Wheeldon
Sheana Wheeldon is a barrister and mediator, with more than 30 years’ experience in IP dispute resolution. She is one of New Zealand’s leading Intellectual Property lawyers, with a strong focus on commerciality and settling disputes. Her IP practice encompasses trade mark proceedings of all kinds including at IPONZ, patent infringement and invalidity, and copyright issues. Sheana has been a barrister since 2015, after ten years as a partner and head of the IP practice at a major national firm. Now also practising as a mediator, she is an associate member of AMINZ, a member of the AMINZ Panel of Mediators and Intellectual Property List, and a Resolution Institute accredited Mediator. In the adjudication field Sheana is a member of the NZ Domain Name Commission's Panel of Experts who decide domain disputes in the .nz space. She is a member of the New Zealand Law Society IP Committee, and a Registered Patent Attorney (New Zealand and Australia).
Jason Wach
Jason is an experienced intellectual property litigator. He has an extensive background in acting for local and international businesses and assisting them with the enforcement of intellectual property rights. He has appeared as counsel and assisted senior counsel in all levels of courts and tribunals in New Zealand including the Supreme Court, Court of Appeal, High Court, IPONZ tribunals and the Copyright Tribunal. His areas of practice include patent infringement and opposition, trade mark infringement and opposition, copyright infringement, copyright licensing, counterfeiting, trade secrets and restraints of trade, misleading and deceptive conduct, domain name disputes, mediation, and general commercial disputes. Jason is passionate about pursuing his clients’ interests and is comfortable with technical subject matter. Jason also advises on legislative compliance, and general commercial matters, including branding, intellectual property licensing, and manufacturing, supply and distribution agreements. He has extensive experience in securing the registration of trade marks both within New Zealand and in numerous international jurisdictions. He is a regular contributor to the peer reviewed New Zealand Intellectual Property Journal (NZIPJ).
Testimonials
“Very interesting and useful update on IP disputes”