Jane Glover

Barrister – Mediator – Adjudicator

Welcome!

One of the things I love about law, and about IP law in particular, is the chance to rub shoulders with some really smart people, who know about loads of interesting things.  I love original thinkers, fresh ideas, and people who aren’t afraid to question the status quo – to ask why something should continue to be done a certain way, to admit they don’t understand things, to say what they think in a plain and frank manner.  I like being around people who aren’t afraid to share their nascent, fledgling ideas, even if those ideas might ultimately turn out to be wrong.  I admire intellectual honesty and intellectual courage. Read More

LATEST ARTICLES

LISTEN UP: a lawyer’s most important soft skill

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As a junior lawyer I sat in on many speakerphone calls between law firm partners and their clients. During one such call I was shocked when the partner rubbed his temples and muttered, audibly enough for the client to hear, “Just get to the f***ing point”. At the time I hadn’t given much thought about what it meant to listen well, but I knew that wasn’t it. The more I have...

PRE-ACTION AUDIT: COPYRIGHT INFRINGEMENT

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Letters before action have an unfortunate tendency to be overblown, overstated, and over-egged. The demands made can be entertainingly over the top. A while ago I was instructed in relation to a matter where my client had received some particular doozies that had been dashed off without any real analysis. The alleged causes of action were many and various, but oddly the one that really stood out...

SECTION 25(1)(B) APPLECART STANDS FIRM

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I was taken aback to read a submission advanced by Pharmazen in Pharmazen Ltd v Anagenix IP Ltd [2020] NZCA 3016, namely that actual market use and conditions should be relevant to the assessment of confusion and deception under s 25(1)(b) of the Trade Marks Act 2002 as well as to the assessment of confusion and deception under s 17(1)(a) . Such a bold submission! And what would the consequences...

CAREER COUPLES

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On this day in 1993 – probably about the time when I was starting to get my head around moving away from my tiny, sleepy little home town to go to law school – Dame Silvia Cartwright was being sworn in as New Zealand’s first ever female High Court judge. First ever. It is hard to believe that so shocking a milestone was achieved so recently. I’ve written previously about...

TIME TRAVEL WITH SECTION 14 OF THE PATENTS ACT 2013

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I would have loved to have been a fly on the wall of the Parliamentary Counsel Office when the drafting of s 14 of the Patents Act 2013 was discussed. As you may recall, s 14 provides that an invention is a patentable invention if, amongst other things, it is a manner of manufacture within the meaning of s 6 of the Statute of Monopolies 1623. Yep, 1623. From the time of King James I. And this is...

A SMALL PLEA FOR THE NEW NORMAL, AND WHY I AM SOMETIMES EMBARRASSED TO BE A LAWYER

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If I ever had the misfortune to be an after-dinner speaker for a group of lawyers (or patent attorneys for that matter), I would begin by plagiarising this statement: “Lawyers are a tough crowd. There might be more intimidating professionals – snipers, bar bouncers – but they didn’t want to hear from me.”(J Shapiro, Lawyers, Liars and the Art of Storytelling) Lawyers...

HUMAN GENOME EDITING: NOT JUST FOR THE MAGPIES

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I can’t deny it – I am a terrible magpie. I want to learn about everything that is new and shiny and sparklingly original. It was because of this tendency that I spent quite a large chunk of last year learning about human genome editing. And what I discovered is that – as many of you will no doubt know already – this technology really is more than just a sparkling new toy...

ARE WE DOING IT ALL WRONG? INTERNET EVIDENCE IN TRADE MARK CASES

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I wrote this piece a long time ago, before the world changed. I wondered about swapping it for something corona-ish, especially as there are some fascinating things going on in the patent world in that area right now. For example, there is talk of both patent rights being “undermined” by State march-in rights under existing legislation, and patent rights being increased under proposed...

RARE SIGHTING OF A PVR INFRINGEMENT CASE – AND MUCH, MUCH MORE

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Perhaps I am just over-excited, but I’m going out on a limb here and declaring Zespri Group Ltd v Gao [2020] NZHC 109 the must-read IP decision of 2020. Yes, already. Even if it’s appealed, it is unlikely that the appeal decision will have the same immediacy or impact. By New Zealand case law standards (at least outside of the criminal law), this one is essentially a John LeCarré...

THERE IS NO SUCH THING AS INTELLECTUAL PROPERTY

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I know, I know – we are all intellectual property specialists; we have the words ‘intellectual property’ sprinkled liberally throughout our websites; we read intellectual property articles and cases; we go to intellectual property conferences…. And yet. “Intellectual property” is just a catch-all, a voluminous handbag filled with largely unrelated items, some...

Jane Glover Barrister – Mediator – Adjudicator

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