2012 Intellectual Property and Commercialisation Forum


Creations of the mind are some of the most valuable assets that an organisation can have, if protected, managed and exploited properly. But with an increasing amount of our lives and our business affairs being spent on the borderless world of the internet, where are the boundaries in terms of how intellectual property is used? How effective and relevant are New Zealand’s intellectual property laws? And how can you utilise your intellectual property to successfully bring out its commercial value both in New Zealand and overseas?


The 2012 Intellectual Property & Commercialisation Forum is designed to investigate these questions and many more, aiming to define the place of intellectual property use in the new digital world as well as to create a collaborative environment to share successful commercialisation strategies and stories.


Discussing a range of issues surrounding:

  • Intellectual property and the internet
  • Strategies for the commercialisation of intellectual property
  • Effective management of intellectual property
  • Encouraging more innovation in New Zealand


Featuring presentations from:

  • James & Wells
  • UniServices
  • EverEdge IP
  • Baldwins Intellectual Property
  • Livestock Improvement Corporation
  • Plant and Food Research


Including separately bookable one day workshop:

Licensing as a model for commercialisation
Facilitated by Gus Hazel, Senior Associate, James & Wells



12th September 2012  |  9.00am – 5.00pm

Licensing is the most common way for many sectors to capitalise upon IP but how many people actually understand its true merits and how to maximise its benefits?
This workshop will look at improving skills and knowledge about:

  • What makes a good license?
  • Licensing versus other forms of commercialisation
  • What a license means for a licensee vs. a licensor
  • Liabilities and warranties
  • How do licenses apply in different territories?
  • Assessing whether licensing is the right option for commercialising your specific IP


FACILITATOR: Gus Hazel, Senior Associate, James & Wells

Gus is a lawyer based in the Auckland James & Wells office, specialising in litigation and contentious matters concerning intellectual property and commercialisation issues, including licensing. Gus is also currently the regional chair of the Licensing Executives Society of Australia and New Zealand.

Originally from Australia, Gus practised there for many years dealing with commercial intellectual property matters and has been an associate to the Chief Justice of the Federal Court of Australia and a lecturer at Monash University Law School. 


Agenda: Day 1


Opening remarks from the Chair

Penny Catley, Partner, Baldwins Intellectual Property


An update on the essentials: IP law developments

Get an update on the legislative changes that have happened, and are going to happen, this year and how they will impact upon intellectual property in New Zealand.
• Updates and upcoming developments to the Copyright Act 1994, Trade Marks Act 2002, the Patents Act 1953 and other relevant legislation
• Recent case law

Richard Watts, Partner, Simpson Grierson


Rugby World Cup 2011: An IP Test Match

The biggest sporting event to ever be held in New Zealand so far has been and gone but what IP issues arose for event organisers and New Zealand businesses?
• Relevant issues that arose
• Did the Major Events Management Act 2007 face up to its first major challenge?
• Has the RWC left any lasting impressions upon the protection of IP in New Zealand?

Joe Edwards, Senior Solicitor, Russell McVeagh
(In-house counsel for the International Rugby Board 2011)


Morning tea & refreshments


Panel discussion: Using and protecting intellectual property on the World Wide Web

SOPA, the Copyright (Infringing File Sharing) Amendment Act and the forced shut down of Megaupload file-hosting websites have shown that governments are taking the task of prosecuting copyright infringement more seriously. What do these developments mean for the protection and use of intellectual property on the internet?
• The implications of anti-counterfeiting and anti-piracy legislation
• Should businesses start looking differently at IP protection and business models?
• The way forward for IP rights

Vikram Kumar, Chief Executive, InternetNZ
Matthew Holloway, Co-Founder, Creative Freedom Foundation
Claire Deeks, Senior Associate, James & Wells
Oonagh McEldowney, General Counsel, TelstraClear


Tweeting and Facebooking intellectual property

As our daily lives become more entrenched in online social media, what are the legal risks when your information is shared online? Learn what the terms and conditions of the service providers say, and how that might impact on your social media policy, and intellectual property ownership.

Michael Moyes, Principal, Chapman Tripp




Understanding intellectual property rights up in the ether

The use of cloud-based services makes it more difficult to protect IP because it becomes harder to pinpoint where data is located, who is accessing it and how it is being used.
• Who owns the data?
• IP issues with using the Cloud
• How to better protect IP rights up in the cloud

Deborah Kessell-Haak, Associate, Baldwins Intellectual Property


Developing the winning formula: Managing IP to support business goals

The efficient management of an organisation’s IP is important for effective knowledge transfer, contributing positively to a company’s reputation and generating income. This session will look at where and how IP strategy fits in with, and supports, an organisation’s business strategies and goals.

Paul Davies, Director – Intellectual Property, EverEdge IP


Afternoon tea


Case study: Managing IP in science and R&D

This session examines some successful IP management techniques used by the Research & Development Group at Livestock Improvement Corporation. How have these management strategies managed, maintained and given value to the company’s IP and how could they be applied to other organisations?

Ruxandra Popovici, Intellectual Property Manager, Livestock Improvement Corporation
Karen Bradley, Intellectual Property Researcher, Livestock Improvement Corporation


Getting the most value out of IP

Implementing a strong IP valuation system from the very beginning to maximise the value of an organisation’s IP is an important management issue but it can also be difficult to get right.
• Where does IP get its value?
• Valuation approaches and methodology

Eric Lucas, Partner, PricewaterhouseCoopers


Closing remarks from the Chair and end of day one


Networking drinks

Agenda: Day 2


Welcome back from the Chair

Penny Catley, Partner, Baldwins Intellectual Property


Keynote: Effective strategies for commercialising intellectual property offshore

Conceptualising an effective commercialisation strategy is crucial in the successful maximisation of revenue generated from IP commercialisation. Gain insight into what lies behind a successful IP strategy and what strategies and sub-strategies may be available.

Paul Adams, CEO & Founder, EverEdge IP


Strategic use of IP in international markets

Intellectual property is one of the most important assets of a business when taking ventures overseas and it is crucial to understand how to strategically protect and work IP rights internationally. The session will address with numerous war stories:
• Identifying key market factors and the associated IP issues
• Snapshot of differences in IP law of main trading partners
• Filing strategies linked to the above considerations

Kate Wilson, Partner, James & Wells


Morning tea & refreshments


Picking the winners of an IP portfolio

Not everything in an IP portfolio can, or should, be successfully commercialised. Understand what IP may exist in a business and learn how to pick out IP that has real commercial potential.
• The role of different forms of IP
• What makes IP suitable for commercialisation?
• Market trends and successes

Rachel Colley, Director, Axis IP


Case study: Commercialising IP – Building market connectivity

The University of Auckland’s UniServices is the largest research and development company in the southern hemisphere. Learn in this session the main concerns of IP in R&D, the approach taken to successfully commercialise IP and case studies from the UniServices portfolio.

Will Charles, General Manager Technology Development, Uniservices




Encouraging innovation through patents

Patents seem to be the go-to form of protection and exploitation of intellectual property in science and innovation but what effects might the proposed changes to the Patents Act have on the innovation and commercialisation in New Zealand?

Justin Sweetman, Associate, James & Wells

Justin has declined permission for us to publish his material.


Case study: The value of partnerships in commercialising science

Plant and Food Research has partnered up with Northwest Plant Company in the United States to research, develop and commercialise raspberry varieties. Learn in this session how this synergistic undertaking has helped evolve the style and structure of Plant and Food Research’s commercialisation strategies.
• Development of the raspberry varieties and IP protection strategy
• Commercialisation model
• Bringing the production model back home

Andrew MacKenzie, Business Development Manager; Plant Variety Management Team, Plant & Food Research


Afternoon tea


Case study: Successfully commercialising through research

EasiYo works with researchers from institutions like Lincoln University to develop their yoghurt products to sell in places as unique as the Philippines. Hear from CEO Paul O’Brien as he presents on how the company has successfully commercialised its products through science and research.

Paul O’Brien, CEO, EasiYo


Panel discussion: Furthering innovation through a better intellectual property culture

Innovation is a key driving force to attaining and maintaining a strong trade position but the effects of innovation in New Zealand are still low compared to other comparative OECD countries. Does New Zealand need to rethink its intellectual property culture, and how, in order to encourage a stronger innovation system?

Allan Main, Principal, MAINly Consulting
Dr Ian Boddy, Principal, IKBConsulting
Sue Muggleston, Intellectual Property Manager, Plant & Food Research
Louise Webster, Director, Ideas Accelerator Ltd


Closing remarks from the Chair and end of conference


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