Copyright/Designs Overlap
The copyright/design overlap has caused headaches for many in Australia. The High Court of Australia has just ruled on the issue. Commentators see it as a major decision which will cast welcome light on the debate. The yacht at the centre of the dispute is the JS 9000 It is described as a simple, narrow, […]
Ambushed by the Marketing – A Wide New Sponsorship Right
This article was published in the June 2008 edition of the New Zealand Law Journal. This topic is of interest to me through my involvement as co-convener of the New Zealand Law Society’s Intellectual Property Committee (which contributed to the Society’s submissions to the Select Committee) and through appearing before the select committee on this […]
Giving Your IP Projection Some Teeth: [Practical] Monitoring and Enforcement [Strategies]
Background As with all aspects of IP protection, both monitoring and enforcement has to be appropriate for the situation, cost-effective and achieve the desired outcomes. This is relatively easy to state but how is it achieved in practice? In formulating a practical and effective enforcement strategy it is necessary to: a.First understand what IP protection […]
Content on the Internet
Form Over Function – A Review of Recent Developments In Designs Law
Designs law has always struggled to reconcile competing interests and find the right balance between protecting form and/or function. The purpose of this paper is to consider the true philosophical underpinnings of design law and review the way it is developing. In doing so I will consider the overlap between copyright and designs and, designs […]
Internet Specific Issues
1.INTRODUCTION The aim of this paper is to give practitioners a brief overview of some of the more important recent developments in relation the internet, identifying only some of the main developments and trends. E Commerce Patents Following the Federal Circuit’s decision in State Street Bank & Trust Co v Signature Financial Group Inc (method […]
Harmonisation: Issues for a Small South Pacific Nation – Feb. 2006
Background As Owen Morgan notes in his paper, when it comes to small South Pacific nations, they have little room to move in the harmonisation environment. Furthermore, given the trend towards higher rather than lower international norms and standards, the risk is that countries like New Zealand are being driven inexorably down a path over […]
Privacy and the Internet – 2003
“Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes […]
Tracking and Sniffing
Internet technology has spawned a plethora of devices and software for identifying, tracking, collating and retrieving information, often including personal information. The most common of these are rather endearingly referred to as cookies, spiders and web bugs. However, other names exist. Cookies and Web Bugs Cookies are data files which reside on a user’s computer […]
Interception and Monitoring of Emails
The issue of interception was graphically illustrated in a recent High Court decision in S P Bates & Associates Ltd v Woolworths (NZ) Ltd (HC Auckland, CL 15/02, 13 March 2003, Fisher J; unreported, noted in 26 TCL 15/2 and [2003] BCL 391). The plaintiff trades under the name “SecureNet”. SecureNet is an ISP which provides […]