Jane has particular expertise in intellectual property, and has worked across a range of civil and commercial disputes at leading firms in New Zealand and London. She has acted in relation to negligence and other tortious claims, property matters, wills, and wide range of contractual disputes, amongst others. She has appeared in the District Court, the High Court and the Court of Appeal, as well as in specialist tribunals.
Jane has held various roles as an adjudicator. She is a member of the Domain Name Commissioner's panel of Experts for resolving domain name disputes, and is also an Independent Adjudicator for two WHO Health Codes. She was an Assistant Commissioner with the Intellectual Property Office of New Zealand (IPONZ) from 2013 to 2019, hearing patent and trade mark cases. She was a member/Deputy Chair of the Copyright Tribunal from 2012 to 2023.
Jane regularly presents seminars on intellectual property and other matters and lectures patent law at Masters level at the University of Auckland. She is an author of the copyright section of the leading text Intellectual Property Law published by LexisNexis New Zealand. She is also a contributing author to the text Therapeutic Jurisprudence (2015).
Jane was recently named Lawyer of the Year for Intellectual Property in Auckland in the Best Lawyers directory and is the convenor of the IP Committee of the New Zealand Law Society.
Listed in the Best Lawyers directory for Litigation and Intellectual Property for 2024, and named as the Lawyer of the Year for Intellectual Property in Auckland for 2024.
Recommended by Doyles Guide for intellectual property, technology, media and telecommunication law matters in New Zealand
Post-graduate diploma in Bioethics and Health Law - distinction (2023)
Master of Laws with first class honours (2012)
F W de la Mare Memorial Prize for top Part III law student (1997-1998, awarded biennially)
Senior Prize – Law (1998)
Annual Prize in Equity and Succession (1997)
NZ Law Scholarship (1997)
Senior Prize - Japanese (1996)
As Adjudicator (selection from approximately 100 decided cases in the Copyright Tribunal and the Intellectual Property Office):
Manuka Honey Appellation Society Limited [2018] NZIPOTM 7 – registrability of MANUKA HONEY as a certification trade mark and principles relating to trade marks designating geographical origin
Re Primapak LLC [2019] NZIPOPAT 1 – first decision on the correction of error provisions in the Patents Act 2013
Recording Industry Association of New Zealand Inc v Enforcement Number: Telecom NZ 2592 – first file-sharing case in the Copyright Tribunal
ResMed Ltd v Fisher & Paykel Healthcare Ltd [2018] NZIPOPAT 15 and
ResMed Ltd v Fisher & Paykel Healthcare Ltd [2018] NZIPOPAT 12 and 13 – leading cases on admissibility of evidence and adequacy of pleadings in IPONZ hearings
Fokker Brothers Ltd v Fokker Brothers Inc Ltd [2019] NZIPOTM 2; 145 IPR 593 – application to revoke trade mark for non-use; consideration of what amounts to special circumstances under New Zealand law
Vital Food Processors Ltd v Anagenix Ltd [2015] NZIPOPAT 17 – application to revoke patent (prior publication, prior use, obviousness, not an invention)
As Counsel
BGH v Kumar [2024] NZHRRT 2 - significant decision regarding sexual harassment in the workplace under the Human Rights Act 1993
Vision Personal Training Franchises Pty Ltd v Williams [2023] NZHC 2848 – interim injunction in relation to breach of confidence and copyright infringement
Royal Commission into Abuse in Care counsel assisting, 2020 - 2023 (including public hearings on 20 November 2020, 30 November to 11 December 2020, 15 to 30 March 2021, and 9 to 17 February 2022)
ECTCH Ltd v Dennis & Leo Brady Construction Ltd [2022] NZHC 2980 - Construction Contracts Act, statutory demand, payment notices (under appeal to CA)
Gibraltarbuilt t/a Flare Fires v Fabish & Jackson (2010) Ltd – interim injunction in relation to copyright, Fair Trading Act and passing off
Tahi Oils Ltd v Tahi Estate Ltd [2023] NZIPOTM 5 - trade mark non-use application
Airyday IP Pty Ltd v Grace & Fire Pty Ltd CIV-2022-404-1019 (2022) – interim injunction in relation to alleged trade mark infringement
Bonobos, Inc Beaumanoir Asia Holding Singapore Pte Ltd v [2022] NZIPOTM 17 - trade mark non-use application
Heinz Wattie's Ltd v Societe des Produits Nestle SA [2022] NZIPOTM 10 - what amounts to "genuine use" in a trade mark non-use application
Fantech (NZ) Ltd v Systemaire Aktiebolag [2021] NZIPOTM 40 - complex trade mark opposition, applicability of Man Truck & Bus test
Cresilon, Inc v Biologische Heilmittel Heel GmbH BIOLOGISCHE
HEILMITTEL HEEL GMBH [2021] NZIPOTM 13 - IPONZ trade mark opposition - deception and confusion, similar marks
Irish Breeze Unlimited Company v Church & Dwight Co., Inc [2020] NZIPOTM - IPONZ trade mark opposition - inherent and acquired distinctiveness
Celgene Corporation v Te Arai BioFarma Limited (2020) - pharmaceutical patent infringement and patent invalidity proceedings in the High Court (led by Greg Arthur KC)
Royal Commission on Auckland Governance – 2008/2009
Advantage Group Limited v Advantage Computers Limited [2002] 3 NZLR 741 (CA) – trade marks case involving High Court hearing and 2-day Court of Appeal hearing (led by Andrew Brown QC)
Bobux Marketing Limited v Raynor Marketing Limited [2001] NZCA 348; [2002] 1 NZLR 506 – Court of Appeal hearing relating to trade marks and distributorship agreements (led by Andrew Brown QC)
Jane has particular expertise in intellectual property, and has worked across a range of civil and commercial disputes at leading firms in New Zealand and London. She has acted in relation to negligence and other tortious claims, property matters, wills, and wide range of contractual disputes, amongst others. She has appeared in the District Court, the High Court and the Court of Appeal, as well as in specialist tribunals.
Jane has held various roles as an adjudicator. She is a member of the Domain Name Commissioner's panel of Experts for resolving domain name disputes, and is also an Independent Adjudicator for two WHO Health Codes. She was an Assistant Commissioner with the Intellectual Property Office of New Zealand (IPONZ) from 2013 to 2019, hearing patent and trade mark cases. She was a member/Deputy Chair of the Copyright Tribunal from 2012 to 2023.
Jane regularly presents seminars on intellectual property and other matters and lectures patent law at Masters level at the University of Auckland. She is an author of the copyright section of the leading text Intellectual Property Law published by LexisNexis New Zealand. She is also a contributing author to the text Therapeutic Jurisprudence (2015).
Jane was recently named Lawyer of the Year for Intellectual Property in Auckland in the Best Lawyers directory and is the convenor of the IP Committee of the New Zealand Law Society.
Listed in the Best Lawyers directory for Litigation and Intellectual Property for 2024, and named as the Lawyer of the Year for Intellectual Property in Auckland for 2024.
Recommended by Doyles Guide for intellectual property, technology, media and telecommunication law matters in New Zealand
Post-graduate diploma in Bioethics and Health Law - distinction (2023)
Master of Laws with first class honours (2012)
F W de la Mare Memorial Prize for top Part III law student (1997-1998, awarded biennially)
Senior Prize – Law (1998)
Annual Prize in Equity and Succession (1997)
NZ Law Scholarship (1997)
Senior Prize - Japanese (1996)
As Adjudicator (selection from approximately 100 decided cases in the Copyright Tribunal and the Intellectual Property Office):
Manuka Honey Appellation Society Limited [2018] NZIPOTM 7 – registrability of MANUKA HONEY as a certification trade mark and principles relating to trade marks designating geographical origin
Re Primapak LLC [2019] NZIPOPAT 1 – first decision on the correction of error provisions in the Patents Act 2013
Recording Industry Association of New Zealand Inc v Enforcement Number: Telecom NZ 2592 – first file-sharing case in the Copyright Tribunal
ResMed Ltd v Fisher & Paykel Healthcare Ltd [2018] NZIPOPAT 15 and
ResMed Ltd v Fisher & Paykel Healthcare Ltd [2018] NZIPOPAT 12 and 13 – leading cases on admissibility of evidence and adequacy of pleadings in IPONZ hearings
Fokker Brothers Ltd v Fokker Brothers Inc Ltd [2019] NZIPOTM 2; 145 IPR 593 – application to revoke trade mark for non-use; consideration of what amounts to special circumstances under New Zealand law
Vital Food Processors Ltd v Anagenix Ltd [2015] NZIPOPAT 17 – application to revoke patent (prior publication, prior use, obviousness, not an invention)
As Counsel
BGH v Kumar [2024] NZHRRT 2 - significant decision regarding sexual harassment in the workplace under the Human Rights Act 1993
Vision Personal Training Franchises Pty Ltd v Williams [2023] NZHC 2848 – interim injunction in relation to breach of confidence and copyright infringement
Royal Commission into Abuse in Care counsel assisting, 2020 - 2023 (including public hearings on 20 November 2020, 30 November to 11 December 2020, 15 to 30 March 2021, and 9 to 17 February 2022)
ECTCH Ltd v Dennis & Leo Brady Construction Ltd [2022] NZHC 2980 - Construction Contracts Act, statutory demand, payment notices (under appeal to CA)
Gibraltarbuilt t/a Flare Fires v Fabish & Jackson (2010) Ltd – interim injunction in relation to copyright, Fair Trading Act and passing off
Tahi Oils Ltd v Tahi Estate Ltd [2023] NZIPOTM 5 - trade mark non-use application
Airyday IP Pty Ltd v Grace & Fire Pty Ltd CIV-2022-404-1019 (2022) – interim injunction in relation to alleged trade mark infringement
Bonobos, Inc Beaumanoir Asia Holding Singapore Pte Ltd v [2022] NZIPOTM 17 - trade mark non-use application
Heinz Wattie's Ltd v Societe des Produits Nestle SA [2022] NZIPOTM 10 - what amounts to "genuine use" in a trade mark non-use application
Fantech (NZ) Ltd v Systemaire Aktiebolag [2021] NZIPOTM 40 - complex trade mark opposition, applicability of Man Truck & Bus test
Cresilon, Inc v Biologische Heilmittel Heel GmbH BIOLOGISCHE
HEILMITTEL HEEL GMBH [2021] NZIPOTM 13 - IPONZ trade mark opposition - deception and confusion, similar marks
Irish Breeze Unlimited Company v Church & Dwight Co., Inc [2020] NZIPOTM - IPONZ trade mark opposition - inherent and acquired distinctiveness
Celgene Corporation v Te Arai BioFarma Limited (2020) - pharmaceutical patent infringement and patent invalidity proceedings in the High Court (led by Greg Arthur KC)
Royal Commission on Auckland Governance – 2008/2009
Advantage Group Limited v Advantage Computers Limited [2002] 3 NZLR 741 (CA) – trade marks case involving High Court hearing and 2-day Court of Appeal hearing (led by Andrew Brown QC)
Bobux Marketing Limited v Raynor Marketing Limited [2001] NZCA 348; [2002] 1 NZLR 506 – Court of Appeal hearing relating to trade marks and distributorship agreements (led by Andrew Brown QC)
