Fair Trade

New Zealand has a comprehensive set of laws which govern how businesses trade with each other and with consumers.

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Fair trading in New Zealand

New Zealand has a comprehensive set of laws which govern how businesses trade with each other and with consumers. These include the Fair Trading Act 1986, the tort of passing off, the Sale of Goods Act 1908 and the Consumer Guarantees Act 1993.

Of this legislation intellectual property rights are primarily enforced under the Fair Trading Act (FTA). The FTA applies to conduct “in trade” and endeavours to promote fair competition and protect consumers by prohibiting businesses from making misrepresentations to consumers about their goods and services. The Act also obliges businesses to comply with product safety, service safety and consumer information standards.

Meet our experts

Ceri Wells

Partner

Ceri Wells

Ceri is a founding partner of James & Wells, a past president of the New Zealand Institute of Patent Attorneys, an experienced patent and trade mark attorney, and an outspoken champion of innovation. As an experienced lawyer and patent attorney…

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Tim Walden

Managing Partner

Tim Walden

Tim is the Managing Partner of James & Wells and specialises in trade mark law. Managing large trade mark portfolios, completing clearance investigations for new brands, devising filing strategies, establishing brand ownership, and enforcing trade marks overseas, are all part…

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Carrick Robinson

Partner

Carrick Robinson

Carrick is a trade mark and branding specialist with over 23 years of intellectual property experience in New Zealand and the United Kingdom. He assists businesses with mitigating brand risk and with leveraging their IP and works with brand managers…

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Ben Cain

Senior Associate

Ben Cain

Ben specialises in resolving disputes concerning registered or common law trade mark rights, domain names, copyright rights, registered designs, fair trading issues and confidential information. His passion is resolving trade mark and domain name disputes, having spent 14 years as…

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Stephanie Hadley

Associate

Stephanie Hadley

Stephanie is a Solicitor and Brand Strategist based in our Christchurch office. As a member of our dedicated ‘Food and Beverage Innovation’ team and with a background in marketing and consumer law, Stephanie is one of our Food Standards advisory…

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Shaun Hagerty

Solicitor

Shaun Hagerty

Shaun is a Solicitor in the Hamilton Trade Marks team. Shaun also works in the Asia Division. He specialises in advising clients from a wide range of industries regarding the availability, protection and maintenance of their brands in New Zealand…

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Edward Chen

Associate

Edward Chen

Edward is a Taiwanese born and New Zealand educated trade mark lawyer with a background in commercial law. The majority of Edward’s work concerns trade mark law and practice, with a particular focus on registering and clearing trade marks for…

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Andrew Knowles

Of Counsel

Andrew Knowles

With over 30 years’ experience working in intellectual property, Andrew has been involved in numerous trade mark and design cases both in prosecution and litigation. His current practice includes working with clients on trade marks, copyright, design and patents. Outside…

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Alexia Mayer

Partner

Alexia Mayer

Alexia is an experienced Australian and New Zealand intellectual property (IP) litigator. Alexia’s practice includes patent, trade mark and copyright infringement, patent and trade mark oppositions, breach of confidence, IP ownership disputes, misleading and deceptive conduct, and IP licensing. Originally…

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Jason Wach

Partner

Jason Wach

Jason is an experienced intellectual property litigator. He has an extensive background in acting for local and international businesses and assisting them with the enforcement of intellectual property rights. He has appeared as counsel and assisted senior counsel in all…

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Ian Finch

Partner

Ian Finch

Ian is recognised as one of New Zealand’s most influential leaders in intellectual property. Along with Gus Hazel he leads the James & Wells Litigation team and acts for many local and multi-national companies, helping them to obtain and enforce…

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Gus Hazel

Partner

Gus Hazel

Gus is one of Australasia’s most experienced intellectual property lawyers. His experience includes litigation at all levels of the Australian and New Zealand systems, alternative dispute resolution procedures (mediation and arbitration), commercialisation, regulatory issues and administrative law. In addition to…

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James Rowland

Associate

James Rowland

James is an Associate in our litigation team. James’s practice, while extending across a range of intellectual property rights, is centred predominantly on the obtaining and enforcement of patent rights. Frequently working across teams and in multi-jurisdictional disputes, James has…

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George Jackson

Solicitor

George Jackson

George is a Solicitor with the litigation team based out of Tauranga. George’s practice includes dispute and enforcement of a range of intellectual property rights, but with a particular focus on trade mark and Fair Trading Act 1986 matters. George…

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Kathryn McLardy

Law Clerk

Kathryn McLardy

Kathryn is a Law Clerk in the James & Wells Litigation team, based in our Christchurch office. She recently completed her LLB (Hons) at the University of Canterbury and upon completion she received the University Prize in Law. During her…

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Jacqui Zohrab

Law Clerk

Jacqui Zohrab

Jacqui is a Law Clerk in the James & Wells Auckland Litigation team and a recent University of Canterbury graduate with an LLB & BSc. She has also been a member of the New Zealand Defence Force since 2019. In…

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Insights and resources

Champions of Innovation®

Since 1979, James & Wells has been at the forefront of innovation in Australasia. We are here to help you grow, leverage and protect your IP. Our depth of experience ranges from managing large IP portfolios for international corporations, right through to protecting the ideas of start-ups, and everything in between. No matter the size of your organisation, James & Wells are here to be your dedicated Champions of Innovation®.

We are a full-service IP firm – that means you will find everything you need to protect your IP just by working with us. We will help you with patents, trade marks, litigation and IP strategy – our people are externally recognised as some of the best in the business, and they work together to bring you custom-built IP solutions that are tailored exactly to your needs. When you work with James & Wells, you know you’re in a safe pair of hands, with a highly experience team supporting you.

Talk to us today about how we can work together.

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