My CMS Barrister – Mediator – Adjudicator
Category

Copyright

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SEEING VEINS

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To my horror, I seem to have spent quite a lot of time recently reading about and thinking about the philosophy of IP law. A year ago, I would have rolled my eyes and edged away from anyone who said something at once so pompous and so dull. At heart, I am a realist, a pragmatist. I’m primarily interested in knowing things that will help my clients win. Until recently, I took a ruthlessly...

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...

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...

IP AND THE STRUGGLING ARTIST

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The topic that everyone seems to be talking about, everywhere you turn, is access to justice. My conscience was pricked at a cocktail party talk last year by Dr Bridgette Toy-Cronin from the University of Otago’s Legal Issues Centre. She threw down the gauntlet to a room full of sleek civil litigators, challenging them to help a broader sweep of litigants, especially those of limited means...

My CMS Barrister – Mediator – Adjudicator

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