New Zealand: The devil is in the detail
Last Updated: 22 March 2012

The road to export markets is fraught with potential legal potholes from distribution contracts to IP . Are you exposed?

The road to export markets is fraught with potential legal potholes, from distribution contracts to IP1 protection, local rules and regulations to dispute resolution. Mary MacKinven, journalist for Exporter, went in search of some legal advice and contacted James & Wells.

In business there's no such thing as risk elimination - just risk management, points out Gus Hazel, Senior Associate at James & Wells. He advises contract law is fundamental to managing risk and discusses three broad levels of contract protection.

You can view the full article and business interview with Gus Hazel published2 in the recent Exporter Magazine


1 Refers to the ownership of an intangible thing - the innovative idea behind a new technology, product, process, design or plant variety, and other intangibles such as trade secrets, goodwill and reputation, and trade marks. Although intangible, the law recognises intellectual property as a form of property which can be sold, licensed, damaged or trespassed upon. Intellectual property encompasses patents, designs, trade marks and copyright.
2 At some point a patent application is published, meaning its contents are available for anyone to read. In New Zealand publication occurs when a patent application is accepted. However, in most countries publication occurs 18 months after the application is filed.

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