Intellectual Property Law & Commercialisation

Snow Update: Running as scheduled

Despite the snow at the moment, this event is going ahead as scheduled.

About

Intellectual property rights are a key asset for any business and protecting and exploiting them effectively is fundamental to business success. Are you getting the balance of expenditure on the protection and exploitation of IP rights right and what can you do if you suspect your IP rights are being breached? Through case study examples and input from legal experts, the conference will answer these questions and more.

This event is designed to cover significant new developments in IP law and to showcase how to commercialise your IP rights successfully. With presentations from the new Ministry of Science + Innovation, the Department of Internal Affairs and multiple case studies of successful companies, we take a close look at the state of IP in New Zealand.

On the regulatory side, we take a look at the many recent developments in IP law. The current Patents Act dates back to 1953 and discussion for its reform began in the 1980s. Low levels of investment in R&D are considered to be one of the reasons for low productivity in the NZ economy. The conference will discuss the need for the new Bill and why the current Act is considered a bar to innovation and increased productivity. It will also look at how government policies are developing to improve innovation and commercialisation.

The conference will also examine the effect digital technology and the internet are having on the way information is delivered and received and how they are opening up new ways of using and allowing others to use content. Update your knowledge of what you can and can’t copy to ensure compliance.

Agenda

Agenda: Day 1

8.30

Registration & Coffee

9.00

Opening remarks from the Chair

Karen Te O Kahurangi Waaka, Chair, Māori Trademarks Advisory Committee

9.10

Update from the Ministry of Science + Innovation

New Zealand now has a Ministry of Science + Innovation as a result of the bringing together of the strategy and funding bodies for innovation under one heading. This session examines some of the pathways available for the commercialisation of IP rights for their owners and how the Ministry is fostering commercialisation.

Joseph Stuart, National Manger Commercialisation, Ministry of Science + Innovation

9.40

Case Study: The Grasslanz business model and the road to their ‘Best Commercialisation of IP’ award

Grasslanz Technology Ltd, a wholly owned subsidiary of AgResearch, will discuss the strategy that helped them to win ‘the Best Commercialisation of Intellectual Property’ award at the New Zealand International Business Awards 2010. The award recognises success in developing and commercialising IP in international markets, incorporating IP strategy and processes.
• The Grasslanz business model and the benefits of retaining part or full IP ownership
• How the business model can be applied to other R & D organisiations
• The role of IP in future development

John Caradus, CEO, Grasslanz Technology Ltd

10.25

Morning tea

10.45

Case Study: Developing an IP strategy in an area of rapid technological development

LanzaTech was founded in early 2005 with the stated goal of developing and commercialising proprietary technologies for the production of low-carbon fuels that don’t compromise food or land resources. This session will look at how LanzaTech’s IP strategy has evolved in line with the rapid growth of the company.
• Planning a global commercialisation strategy – what is required?
• The importance of commercialisation in the company’s overall strategy

Grainne Smith, Intellectual Property Manager, LanzaTech NZ Ltd

11.25

Commercialisation: Unlocking the value in your IP

There is a great deal of expense involved in protecting the IP rights in your business. This session will examine the options available for companies seeking to commercialise their IP to enable them to minimise the risks and get the best returns on their investment.
• Where to put your protection resources
• Balancing expenditure on commercialisation and protection
• Whether to license, sell or manufacture – choosing the right strategy

Paul Adams, CEO, EverEdge IP

12.10

Structuring licensing deals to get the best out of your IP and mitigate risk

Licensing is one of the most common ways of getting value from your intellectual property and all forms of IP can be licensed. While there are certain risks in any business arrangement, this session will look at ways of structuring licensing deals to get the best out of your IP and mitigate risk.
• Common pitfalls in licensing agreements
• Identifying and addressing technological, licensee-related and market risk factor
• Choosing the right licensee

Simon Rowell, Partner, James & Wells Intellectual Property

12.50

Lunch

1.40

Case Study: Protecting your brand – acrobatics with Intellectual Property rights

This session will examine some strategies to protect a global brand through the management of IP rights around the world. Having secured IP rights, what are some of the choices available to businesses attempting to ensure that customers get the quality and service they expect rather than a fake or a scam.
• Issues involved in managing a global brand
• What to do if you think your IP rights are being breached
• Brand value and harm in a global connected digital environment

Waldo Kuipers, Corporate Affairs Manager, Microsoft New Zealand Ltd

2.25

The Patents Bill and its significance for companies

The Patents Bill will repeal and replace the Patents Act 1953. The current Act is considered to have a low threshold for patentability compared with most other countries. The new Bill is intended to align the criteria for granting a patent with international practice. This session will look at the Bill’s key features including:
• The significance of requiring an inventive step
• Streamlined procedures for challenging patent validity
• Changes to patentable subject matter
• Protection of indigenous flora and fauna under the Patents Bill

Matt Adams, Partner, A J Park

3.10

Afternoon tea

3.25

The implications of a US free trade agreement for IP laws in NZ

Negotiations for an expanded Trans-Pacific Partnership Agreement to include the US, Australia, Peru and Vietnam are well advanced. Such an agreement is likely to involve significant changes to New Zealand IP laws including patent and copyright terms, parallel importing, fair use and a number of other significant changes. While the extent of the likely changes has not been publicised, consultation with key stakeholders has begun. This session will discuss the expected changes.

Susy Frankel, Professor School of Law, Victoria University

4.10

Increasing IP knowledge across New Zealand business

A recent review of the Intellectual Property system by the Ministry of Economic Development has shown a need for a greater awareness of IP issues by NZ businesses. The session will look at one area of work being undertaken by the Ministry to:
• Explore the current scope of New Zealand Inc’s IP activity
• Gain an insight into understanding the innovative capacity of NZ Inc
• Identify areas of strength and potential for further development of capability

Liz Francis, Manager Patents & Plant Variety Rights, Ministry of Economic Development

4.40

Does Free and Open Source Software drive innovation?

The issue of the patentability of software has caused delays to the passing of the Patents Bills with the Commerce Select Committee inserting a clause stating that “a computer program is not a patentable invention”. This session will examine the issue of software development in general, FOSS in particular and why its proponents believe patents are harmful to the industry.
• The role of IP rights in incentivising R & D and what applies to software
• How FOSS differs from proprietary software
• Examples of FOSS and how it can benefit your business

Don Christie, President, New Zealand Open Source Society

5.15

End of day one & networking drinks

Agenda: Day 2

9.00

Welcome back from the Chair

Karen Te O Kahurangi Waaka, Chair, Māori Trademarks Advisory Committee

9.05

From the Courts – an overview of recent cases

This session will examine recent significant IP decisions and their implications for employers and businesses.

Clive Elliott, Barrister, Shortland Chambers

9.50

An overview of the Copyright (Infringing File Sharing) Amendment Act

The Copyright Amendment Act 2011 will largely come into force on 1 September. This session looks at the new Act and its consequences for the users and providers of internet services.
• The need for the new Act – why the urgency?
• The expanded role of the Copyright Tribunal
• The improvements for rights holders

Rick Shera, Partner, Lowndes Jordan

10.30

Morning tea

10.50

Panel Discussion: Is copyright keeping up with the new business models?

This session will examine the argument that copyright law is designed to protect old business models and that the law around copyright is developing in an ad hoc reactive way, with legislators not fully understanding the technology they are trying to control. What are the fundamental changes brought about by digital technology and the internet and do we need to go back to the drawing board to find new ways of protecting the rights of creators?

Rick Shera, Partner, Lowndes Jordan
Clive Elliott, Barrister, Shortland Chambers
Susy Frankel, Professor School of Law, Victoria University
Kim Connolly-Stone, Chief Adviser IP Policy, Ministry of Economic Development
Paula Browning, CEO, Copyright Licensing Ltd

11.30

Case Study: Examining the role of ISPs

The Copyright (Infringing File Sharing) Amendment Act 2011 places responsibility on IPAPs (internet protocol address providers) to contact account holders and issue infringement notices where copyright owners believe their works have been infringed. This session will look at the implications of the new Act for ISPs and examine their role as providers of information. Should they be responsible for infringement by their customers or is there a better way of controlling what is being downloaded?
• Are the ISPs just intermediaries or content providers?
• Disconnecting infringing customers – will it be a deterrent?
• The difficulties in managing content from multiple jurisdictions

Oonagh McEldowney, Legal Counsel, TelstraClear

12.15

Lunch

1.05

Developing IP protection for Māori cultural heritage Part 1: The Wai 262 decision and its implications for users of Māori expressions

The Wai 262 decision will impact on the IP framework in New Zealand generally, and on the use of indigenous flora and fauna in research and the use of Māori words, imagery and artworks as trademarks, copyrights and designs in particular. This session will discuss the implications of the decision.
• The implications for those wanting to use Māori taonga works
• The implications of the claim for the wider community
• The relationship with the WIPO guide on the legal protection of traditional cultural expressions and the new Patents Bill

Lynell Tuffery Huria, Senior Associate, A J Park

1.50

Part 2: Protecting Māori traditional cultural expression

Acknowledging that traditional knowledge, genetic resources and traditional cultural expressions (folklore) are economic and cultural assets of indigenous communities, WIPO is developing a guide on their legal protection. This session will examine the development of the guide and its application in New Zealand.
• The existing protections for traditional cultural expression – the Māori Trade Marks Advisory Committee
• How to protect traditional cultural expression
• Managing the commercialisation process – how can Māori benefit?

Karen Te O Kahurangi Waaka, Chair, Māori Trademarks Advisory Committee

2.35

Afternoon tea

2.55

The New Zealand Government Open Access and Licensing framework

NZGOAL (August 2010) provides guidance for the release of copyright works and non-copyright material by State Services agencies for re-use by third parties. It standardises the licensing of government copyright works for re-use using Creative Commons licences and recommends the use of ‘no-known rights’ statements for non-copyright material. The re-use of this material by individuals and organisations is expected to have significant creative and economic benefits for New Zealand.
• How does NZGOAL work?
• How is it being applied by agencies in practice
• Examples of third party benefits

Richard Best, Solicitor, Department of Internal Affairs

3.35

Creative Commons: File sharing as a marketing tool

A Creative Commons licence allows the creators of works to retain copyright while sharing their creativity. This session will look at the positive aspects of file sharing and examine how it can be used as a marketing tool for businesses.
• How Creative Commons licences differ from ‘All Rights Reserved’ copyright protection?
• The anatomy of the licences - which restrictions can be applied
• How Creative Commons can help commercialise your work

Jane Hornibrook, Public Lead, Creative Commons Aotearoa New Zealand

4.15

Closing remarks from the Chair and end of conference

Karen Te O Kahurangi Waaka, Chair, Māori Trademarks Advisory Committee

Sponsors

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