Intellectual Property Conference 2023
Journey though pressing issues in Intellectual Property law right now; analysing client IP portfolios and maximising value, IP due diligence in sale and restructure, AI and IP rights and managing IP disputes. Consider how to incorporate Indigenous rights in intellectual property. Walk away with an update on key cases in trademarks and patents plus the increasing importance of the patent description. WEB236NZA03Z
Description
Attend and earn 7 CPD hours
Session 1
Disputes, Due Diligence, Technologies, and Indigenous Rights
Chair: John Glengarry, Partner, Buddle Finlay
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am IP Roadmap for Your Client’s Business
- Spotting the IP in your business: what IP does your client have, and is it / can it be protected?
- Checking for conflict with others: avoid litigation and customer confusion
- Developing a strategy to maximise the value in an IP portfolio
- Common myths and mistakes to avoid
Presented by Rachel Triplow, Trademark and Copyright Lawyer, Arc Legal
9.50am to 10.35am Due Diligence in IP: Sales, Purchase and Restructure
- Preparing to sell your IP assets from the time the business is started
- Considering the impact of corporate restructures, expanding the business into new brands
- Preparing for a purchase or a sale: thorough due diligence and dealing with (instead of hiding) problems
Presented by Hamish Selby, Partner, Buddle Finlay
10.35am to 10.50am Morning Tea
10.50am to 11.35am Emerging Technologies and the Impact on Intellectual Property Practice
- AI and copyright
- The possible applications of blockchain in the world of IP
- IP and the metaverse
Presented by Sebastien Aymeric, Senior Associate, Bell Gully
11.35am to 12.20pm Managing an IP Dispute
- Letter of Demand
- Strategies, negotiations and trial
- Managing your client expectations
- Infringements
Presented by Kate Duckworth, Lawyer and Patent & Trade Mark Attorney
12.20pm to 1.05pm Recognising Indigenous Rights in Intellectual Property
- What would an intellectual property system look like if it incorporated indigenous values and concepts, embraced tikanga, recognised and protected indigenous rights?
- Consider the alternative and how we can incorporate these values and concepts in the intellectual property system right now
Presented by Lynell Tuffery Huria, Managing Partner, Kahui Legal
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Learning objectives:
- Learn about developing successful IP strategies for your client’s business
- Receive practical guidance on recognising Indigenous rights in IP
- Gain a deeper understanding of IP disputes
- Gain practical guidance on emerging technologies In IP practice
Session 2
Trademarks, Patents and Injunctions in IP Disputes
Chair: Hamish Selby, Partner, Buddle Finlay
2.00pm to 2.45pm Trademark Law: Case Update
Update and analysis of recent developments in trademark law and key cases in New Zealand.
- New Zealand High Court and Court of Appeal decisions
- Key IPONZ decisions
Presented by Richard Watts, Partner, Simpson Grierson
2.45pm to 3.30pm A Review of Recent Patents Cases
- Review s11 (computer implemented inventions) cases
- Gain an update on Swiss type claims
- Discuss Thaler
Presented by Laura Carter, Barrister, Sangro Chambers
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm ‘Best Method’, ‘Support’ and ‘Insufficiency’: The Increasing Importance of the Patent Description in Australia and New Zealand
- Review of recent decisions
- How to draft your specifications to comply with the best method, sufficiency of disclosure and support requirements
Presented by David Nowak, Director, Henry Hughes Intellectual Property
4.30pm to 5.15pm Interlocutory Injunctions in IP Cases: The Law and Trends
- The legal principles of interlocutory injunctions and how those principles have been applied in IP cases
- A comparison of interlocutory injunction decisions in IP cases compared with other IP rights
- Strategic alternatives to interlocutory injunctions for rights holders
Presented by Clive Elliott KC
Learning Objectives:
- Consider recent patents cases
- Review recent trademark law cases
- Benefit from essential practice guidance on The Increasing Importance of the Patent Description in Australia and New Zealand
- Gain a deeper understanding of Interlocutory Injunctions in Patent Cases
Presenters
John Glengarry
John Glengarry is a consultant in the Intellectual Property team of law firm Buddle Findlay and a Registered Trans-Tasman Patent Attorney, Registered Australian Trade Marks Attorney, Notary Public and specialist intellectual property lawyer with more than 30 years' experience working in New Zealand and overseas. A former member of the New Zealand Law Society Intellectual Property Law Committee and Immediate Past President of the New Zealand Group of the Asian Patent Attorneys Association (APAA), John is a current member of the International Trademark Association (INTA) Geographical Indications Committee, a Fellow of the New Zealand Intellectual Property Attorneys (FNZIPA) and a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ).
Rachel Triplow
Rachel is the founder of aRc Legal which makes IP advice and support accessible to early-stage businesses through downloadable tools, education and assisted filing services. She has specialised in intellectual property law for over 20 years, with roles including: Assistant Commissioner at the Intellectual Property Office of New Zealand (leading the trade marks examination team and running a project to align practices with IP Australia where possible); General Counsel of an ASX listed New Zealand 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. Rachel’s aim is to demystify law for start-ups and entrepreneurs by providing resources and training to: schools (such as those participating in the Young Enterprise scheme); students at the University of Canterbury (including as the IP expert in residence at the Centre for Entrepreneurship); and teaching at various small business courses such as those offered at Te Wānanga o Aotearoa.
Hamish Selby
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.
Sebastien Aymeric
Sébastien is an experienced intellectual property (IP) commercialisation and litigation lawyer. He uses his previous in-house experience as a Legal and Commercial Manager at Huawei to provide business-focussed advice to his clients. He specialises in disputes and their resolution, and regularly acts in matters concerning trade marks, patents, copyright, confidential information and contracts, in the Intellectual Property Offices and Courts of New Zealand and Australia. Sébastien’s commercialisation experience includes drafting, reviewing and negotiating various IP agreements, from licensing, to research and development and commercialisation of technology. He regularly appears in leading media, commenting on various intellectual property issues. Sébastien is ranked in the Legal 500 Law Directory and Leading Lawyer Rankings for his extensive experience in disputes.
Kate Duckworth
Intellectual property is a specialised and therefore often not well understood area of law. Kate Duckworth aims to demystify intellectual property and help her clients navigate what can be a complex space. Kate has been working in the field of intellectual property for over 15 years. She is a qualified lawyer, patent attorney and trade mark attorney. She specialises in dispute resolution, copyright, trade marks and branding and commercialisation of intellectual property. Kate's experience is broad and varied and includes working for New Zealand companies and large multi-, nationals, government and universities, across all fields of intellectual property and includes representing clients at hearings before the Intellectual Property Office of New Zealand, the High Court, Court of Appeal and Supreme Court.
Lynell Tuffery Huria
Ko Taranaki te maunga, ko Tangahoe ko Waingongoro ngā awa, ko Aotea te waka, ko Ngāti Ruanui, ko Ngāruahine Rangi, ko Ngā Rauru Kiitahi ngā iwi. For over 30 years, Lynell has specialised in all aspects of trade mark protection, management and enforcement. She has acted for a diverse range of clients around the globe, including sole traders, start-ups, whānau, hapū, and iwi organisations in New Zealand, and multinational companies across North America, South America and Asia. Lynell is regarded as one of New Zealand’s leading experts on indigenous intellectual property (IP) law in New Zealand and the Pacific. She specialises in advising Māori organisations on IP issues and is passionate about helping Māori navigate the IP system. In her experience, the traditional intellectual property system is not in alignment with Te Ao Māori. She is committed to bridging the two world views. She is the immediate past chair of the Indigenous Rights Committee for the International Trademark Association. In 2018, she was a member of the organising team for the first Ngā Taonga Tuku Iho conference. Lynell has also written advice for Māori on the Plant Variety Rights Act review and is co-author of the paper entitled Māori Interests and Geographical Indicators – Strategic Intellectual Property Management enabling Māori whānau development. Lynell is also an experienced board member, having served in a number of governance positions. Lynell and her husband also own a foundation construction business in Te Whanganui-a-Tara and have three sons and three mokopuna
Richard Watts
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 pharmaceutica lcompanies and research institutions, developing commercialisation strategies for leading local andinternational 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.
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).
David Nowak
David is a Registered Patent Attorney in Australia and New Zealand and a Director of Henry Hughes IP Ltd. David joined Henry Hughes in 2009 prior to which he was a Senior Patent Examiner at the Intellectual Property Office of New Zealand. David graduated from the University of Auckland in 2004 with a Bachelor of Science, majoring in Biological Sciences, and in 2007 with a Bachelor of Laws. David is an expert in all matters relating to the Patents Act 2013. He writes sections of the LexisNexis publication on the Patents Act 2013 and is currently authoring a substantial rewrite of the Patents chapter of the Laws of New Zealand. David also has a deep interest in the area of patentable subject matter in the life sciences, and spoke at the global BIO conference on this subject in 2016 and 2019. David was recently named a 2022 IP Star by Managing IP Magazine.
Clive Elliott KC
Clive is a barrister, patent attorney and arbitrator. He is ranked by Chambers and Partners as "one of New Zealand's leading IP silk's" with a "particular flare when it comes to handling especially complex matters". Clive is a fellow of the Arbitrators and Mediators Institute of New Zealand and a panel member of the Institute’s IP list. Clive is a former President of the New Zealand Bar Association. He is a past council member of the Legal Practice Division of the International Bar Association (IBA), a past chair of the Intellectual Property and Entertainment Law Committee of the IBA and a past president of the Intellectual Property Society of Australia and New Zealand (IPSANZ). He was also convenor of the Intellectual Property Committee of the New Zealand Law Society for a decade, and remains on the committee. He is a co-author of the Lexis Nexis loose-leaf texts: Copyright and Design; and Patents and Trade Marks. He is a frequent writer and commentator on IP and information technology issues and is a member of the Editorial Board of the Intellectual Property Forum. He is named in the International Who's Who of Patent Lawyers, the International Who's Who of Internet & E-Commerce Lawyers and the World Trademark Review's World's Leading Trademark Professionals.