Trade Marks and Commercial IP Protection
Issues covered include: Border Protection Procedures, Custom notices, Geographical Indications, Madrid Protocol, Opposition procedures, Practice and procedure in disputes and litigation, Copyright Act, Maori intellectual property, Commercialising IP, Social media influencers.
Description
Some of the pre-eminent IP practitioners in New Zealand will cover the gamut in trade mark law. IP specialists, trade mark attorneys, commercial lawyers and in-house counsel will gain practical insights and the latest updates in trade marks Law.
Attend and earn 7 CPD hours
This conference was recorded in NZ on 11 June 2019
Session 1
Trade Marks Update
Chair: John Glengarry, Partner – Patent Attorney, Partner, Buddle Findlay; Fellow of the New Zealand Institute of Patent Attorneys (FNZIPA)
9.00am to 9.45am: Trade Marks and Border Protection Procedures in New Zealand and Australia
How to make the most of your trade mark:
- Border protection basics
- Recent legislative changes
- Customs notices in practice
Presented by Paul Johns Head of Dispute Resolution, Baldwins
9.45am to 10.30am: The Relationship between Trade Marks and Geographical Indications
- Implications for trade mark owners
- Understanding the nature of GIs and their relationship to TMs in different jurisdictions
- Focus on issues of GI/TM precedence and the scope of GI protection
- Future implications of international agreements (CPTPP, Geneva Act of the Lisbon Agreement, FTAs under negotiation)
Presented by Dr John Barker, Principal, John Barker Law
10.30am to 11.15am: Trade Mark Tips and Tricks
- Understanding the implications of the form in which the mark is filed
- Classification and the use of pre-approved goods/services lists
- Ensuring correct ownership (and the problems with getting this wrong)
- Madrid Protocol: optimising your base application and other handy tips
Presented by Alan Potter, Potter IP, Owner / Principal
11.15am to 11.30am Morning Tea
11.30am to 12.15pm: A Spotlight on Trade Mark Opposition Procedures
- Pleadings: how to avoid negligence claims, grumpy Assistant Commissioners, and adverse costs awards
- Evidential issues
- Drafting submissions that work
- What to expect at the hearing
Presented by Jane Glover, Barrister, Sangro Chambers
12.30pm to 1.15pm: Trade Mark Practice & Procedure in Disputes and Litigation
- Avoiding issues before the filing of a trade mark application: due diligence
- Dealing with issues and disputes during in trade mark applications: the prosecution and opposition stages
- Disputes and issues during the life of a trade mark: infringement, revocation and invalidity proceedings
Presented by Sebastien Aymeric, Patent Attorney and Senior Associate, James & Wells
Learning Objectives
- Gain a deeper understanding of border protection procedure in NZ and abroad
- Examine the relationship between trade marks and geographical indications
- Develop strategies for tackling difficult trade mark issues
- Ensure you’re across trade mark opposition procedures
- Master how to deal with disputes in the life of a trade mark
Session 2
Commercialising IP and Copyright Reform
Chair: Jenni Rutter, Partner, Kensington Swan
2.00pm to 3.00pm: The Current Copyright Act Review
- What is being reviewed and why
- An outline of the parts of the Act that MBIE is considering
- The kinds of issues being considered as to whether changes are necessary
- Next steps in the review, and how it intersects with MBIE’s considerations of how to protect Māori IP
Presented by Laura Carter, Senior Associate, Hudson Gavin Martin
3.00pm to 4.00pm: Commercialising IP: The Key Elements Every Lawyer Should Know
- The importance and value of IP
- How to identify and protect IP
- Key requirements for commercialising IP
- International and online considerations
Presented David Alizade Partner, Jackson Russell Lawyers
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Social Media Influencers and the Law
The rise of social media and user generated content is becoming a key, cost effective and non-disruptive way to reach out to consumers. The blurred line it creates between advertising and editorial content is making this kind of marketing extremely popular. But what are the legal implications for the brand owner?
This presentation will look at obligations under the Fair Trading Act when using social media influencers and ask questions such as:
- Who is liable for statements made by influencers?
- Can the use of an influencer in itself amount to misleading and deceptive conduct in trade?
- Is #ad enough to show a relationship?
Presented by Sarah Chapman, Special Counsel, Simpson Grierson
Learning Objectives
- Gain a deeper understanding of the implications of Copyright Act reform
- Ensure you’re across how to effectively value and protect IP
- Master how the laws around social media influencer
Venue
Grand Mercure Auckland
Level 2, 8 Customs Street East
Auckland 1010
New Zealand