New Zealand: Intellectual Property Newsletter

April-May 2011
Last Updated: 6 June 2011

Welcome to the latest newsletter of James & Wells Intellectual Property.

In this publication we keep you updated on the latest developments in IP in New Zealand, as well as news from our firm, upcoming events, client success stories and more. If there is anything you would like to see covered or mentioned in our next newsletter, please feel free to email us at


Latest Media: IP in the building and construction industry - Copyright Amendment Bill - Reverse engineering software - Rugby World Cup clean zones - IP strategy - AMP Breakfast Show

Did You Know...?: NZ's domain name DRSP - Unlimited Investment Challenge

Clients' Successes Recognised: Two awards for Gopher - New funding for Quantec - Seperex recgonised by Natural Products NZ

Juice on JAWS: Value add your choice - Understanding intellectual property - Car free day at James & Wells

Latest Media


Intellectual Property in the building and construction industry

Intellectual Property in the building and construction industry The most financially successful patents relate to some aspect of an existing business and are used to ring fence either an emerging technology or a refinement of existing technology which provides a competitive advantage. Ian Finch shares the story of two construction clients. Read more ...


Copyright (Infringing File Sharing) Amendment Bill passed into law

The Copyright (Infringing File Sharing) Amendment Bill passed into law last month and is to come into effect on 1 September 2011.

Under the Act there will be a three strikes system where copyright rights holders, through an ISP, can issue notices in relation to infringement of their copyright works and can apply to the Copyright Tribunal for an award of damages of up to $15,000. Claire Deeks discusses the Act in detail. Read more...

Reverse engineering software: potentially safe under copyright law but in breach of contract?

Licensing proprietary software – especially industry-specific proprietary software – can be seriously expensive. So if you are considering employing a team of software engineers to develop your own version of proprietary software, then you should beware: while there are some protections afforded to reverse engineering in the Copyright Act 1994, they do not always apply and you may expose yourself to a claim for breach of contract. Read more...


Clean zones, transport routes and periods for the Rugby World Cup 2011

The Ministry of Economic Development has recently released details of the clean zones, transport routes and periods for the venues hosting games in this year‟s Rugby World Cup 2011. Details, including maps, can be found here.

If you would like advice on how you can keep it clean‟, or how to comply with the general requirements of the Major Events Management Act 2007, please contact Ben Cain in our Litigation team.


Using IP strategy to position yourself in international markets

Many Kiwi exporters have realised that to be competitive they need to be innovative, not only in their product design, branding and service delivery, but also in their intellectual property strategy. Kate Wilson looks at some of the important lessons that can be learned from successful New Zealand companies. Read more...


James & Wells on the AMP Breakfast Show

On World IP day, Simon Rowell, a Partner in the Auckland office, spoke of the value that intellectual property has for businesses on the TVNZ AMP Breakfast show. View the full clip on TVNZ ONDEMAND.

Did You Know...

...In 2010, complainants were successful in 90% of the decisions issued under NZ's domain name DRSP?

Are you looking for an effective dispute resolution mechanism for complaints in respect of .nz domain name registrations? If yes, you may be interested to know that in 2010 complainants were successful in 90% of the decisions issued under NZ‟s domain name Disputes Resolution Service Policy. Read more...

...The 2011 Unlimited Investment Challenge kicks off in June with free Investment Ready workshops

Whatever stage your business is at you'll gain real value through free interactive workshops, reviewing and refocusing your business, engaging with investment experts and getting pitch ready. Read more...

Clients' Successes Recognised

Two awards for Gopher

50 Kiwi tech companies made the Asia-Pacific Deloitte Technology Fast 500 list announced at the end of last year. Gopher, an Auckland-based online business directory, was the second highest ranked New Zealand business, with growth of 1,456.33%.

Not only has Gopher been recognised for record growth, but they have recently been named as a finalist in the 2010 JRA best workplaces awards.

Rock-solid IP position helped to get $500,000 worth of new funding

Quantec Ltd, based at Hamilton‟s Innovation Park, has received new funding worth $500,000. The new funding will help the company get its products onto shelves in the US and China by mid 2011.

Quantec have identified anti-bacterial proteins in milk which can be used to treat ailments from acne to tinea and gum disease in humans and mastitis in cows.

Rod Claycomb, Managing Director, said "One of the keys to success for commercialising innovative ideas is having a solid IP position." "Without a doubt, we wouldn't be where we are nor have gotten the much-needed investment without having a rock-solid IP position on both patents and trademarks." Read more...

Natural Products NZ industry awards

Dunedin functional food ingredient developers and marketers, Seperex Nutritionals, was recognised for its outstanding achievements at the Natural Products NZ industry awards.

Seperex Nutritionals received the Cawthron Innovation in Science & Technology Award for the research and development innovations for two bioactive marine extracts, BioLex® and BioLex-Plus®, which have attracted substantial global interest.

Seperex were also a finalist in the Hong Kong New Zealand Business Association "Best Use of Hong Kong by a New Zealand Company" award.

Juice on Jaws

Value add – your choice

Traditionally at James & Wells, we have integrated our strategic considerations along with the more transactional services – such as filing applications. We will now be providing a clearer division between these components. Read more...

Understanding intellectual property

As part of the firm‟s vision to be the most sought after IP firm in New Zealand, we have developed an information portal which is now available on the James & Wells website. The new portal has been designed to educate and assist our clients and the general public, with practical, plain English information on all aspects of intellectual property law in New Zealand. We will be continually adding new materials to the portal, and encourage you to take a look on a regular basis: JAWS Information Portal.

'Car Free Day' at James & Wells

Friday 3 June has been declared a "car free day" at James & Wells, to mark World Environment Day and the start of the firm‟s commitment to becoming a sustainable business.

If you have a meeting with a James & Wells attorney on Friday, 3 June, and they are looking a little frazzled, it may be because they have walked, run, biked or taken public transport to get to your meeting! All four offices are taking part in the challenge on Friday to get as many people as possible to travel to and from work without their car.

"Car free day" is just the beginning of our sustainability journey. To find out more about our sustainable initiatives visit our 'Corporate Responsibility' page on our website.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

James and Wells is the 2010 New Zealand Law Awards winner of the Intellectual Property Law Award for excellence in client service.

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