Suggestions
Earl Gray
Barrister at Sangro Chambers - Founding Member
Earl Gray is a barrister based at Sangro Chambers in Auckland, New Zealand. He specializes in disputes and advisory services related to intellectual property and associated fields. Earl has a strong academic background with degrees including a BA(Hons), LLB(Hons), and LLM(Cantab) .12
Before becoming an independent barrister affiliated with Sangro Chambers in March 2019, Earl was a partner at Simpson Grierson, a prominent law firm in New Zealand. His expertise encompasses various aspects of dispute resolution, making him a recognized figure in the legal community .34
Earl Gray is known for providing careful, considered, and clear legal advice, particularly in areas involving corporate and personal reputation management, as well as defamation .12
Highlights
A major issue with settlement of IP claims is that these can often give rise to competition law issues. In particular, where competitors are party to a settlement of an IP claim that involves one competitor agreeing to withdraw its (allegedly) infringing product or service from the market this can amount to cartel conduct. As mentioned in John's recent post, John Land and I will be discussing this issue at the upcoming Competition Law and Policy Institute workshop on 16-17 August. We will work through a couple of fact situations and discuss the competition law issues that arise. We will also discuss how we consider the law in this area should be reformed. You can register for the workshop here https://www.clpinz.org.nz/ Early bird registrations close this Friday. And for more reading see the article by John and myself in the Intellectual Property Journal- Commerce Commission v Moola – Lost Opportunity, Chilling Effect and The Need For Reform (2023) 10 NZIPJ 103
IP disputes are settled in good faith in most cases. Good faith settlements of IP disputes are economically efficient and in the public interest, yet the recent expansions to the cartel provisions in New Zealand’s Commerce Act 1986 are a real problem for IP settlements. If you consider that a competitor's product infringes your IP rights and you sue them or just raise the issue with them, then a settlement in which the competitor withdraws the product from the market can breach the Act (and potentially amount to a criminal offence). Even settlements implemented by consent court orders are problematic. This is bad law. See my article with competition law expert John Land in the NZ Intellectual Property Journal: "Commerce Commission v Moola - Lost Opportunity, Chilling Effect and the Need for Reform" (2023) 10 NZIPJ 103 ISSN 1359-9054.
