Mark Gavin



Partner


mark.gavin@ah.co.nz

+64 9 984 4233

+64 27 548 3393

Auckland

Mark advises clients on all aspects of intellectual property and IP litigation. He has wide experience of copyright, trade marks, brand protection, design, passing off, Fair Trading Act and confidential information disputes and advises extensively in those areas. Mark has further specialised in consumer law, privacy and food expertise.

He has advised extensively on food law, food labelling and code compliance, nutritional claims, the development of new products and product recalls. He also has experience in advertising law, in particular the ASA Codes and complaints processes.

Mark acts for a number of leading New Zealand and international clients dealing in such diverse areas as FMCG, liquor, the fashion and advertising industries.


Key Transactions

Acted for:

  • Fairfax Media on the proceedings brought by Sky Network Television in relation to alleged copyright infringement of Olympic coverage both in successfully opposing urgent interim injunction during the Olympics and the proceedings that followed.
  • TVNZ in parallel proceedings brought by Sky in relation to rugby coverage.
  • Members of the RIAA in ongoing litigation involving the freezing of the assets of Megastuff Limited, Kim Dotcom and related parties in relation to alleged copyright infringement through the operation of Megastuff’s file sharing website prior to its shutdown by the US Government.
  • LG Electronics in High Court proceedings between LG and a New Zealand distributor of air-conditioning products over the relevant distribution agreement and related issues.
  • Napier Tool & Die Ltd in overturning, in the High Court and Court of Appeal, and in a further High Court trial on a copyright infringement damages claim.
  • A number of leading brands of their anti-counterfeiting activities in New Zealand.

Advised:

  • A leading retailer on brand protection strategies as well as specific IP related issues.
  • A Government agency on an innovative TVC, using third party imagery and IP.


Directories

  • Asia Pacific Legal 500, Hall of Fame, 2021
  • Chambers and Partners, Band One, 2021
  • New Zealand Doyle's Guide, Intellectual Property, Leading Lawyer, 2018


Credentials

Bachelor of Laws (LLB), (Hons), University of Auckland


Admission to the Bar

New Zealand, 1986

New South Wales, 2001


Contributed Articles

  • Spotlight on issues regarding Privacy & Cross Border Transactions and Commerce

    The Privacy Act 2020 introduces a new Information Privacy Principle (IPP 12) which imposes controls on the disclosure of personal information to overseas entities and people.   The intent of IIP 12 is broadly to ensure that agencies sending personal information overseas first carry out steps to demonstrate that the personal information will be protected by safeguards comparable […]

  • Update: The new Privacy Act 2020

    The new Privacy Bill, now the Privacy Act 2020 was passed into law on 30 June and comes into force on 1 December 2020. In this note we briefly summarise the most salient aspects of the reforms. Mandatory notification of harmful privacy breaches Agencies are required to notify the Commissioner and affected individuals when a […]

  • Privacy Bill Update – Act Now!

    The Justice Select Committee recently published its widely anticipated report on the Privacy Bill, having now completed its review. This Bill will repeal and replace New Zealand’s 25 year old Privacy Act 1993, an Act in desperate need of a refresh. Technology has changed enormously over this time and the law has struggled to keep […]

  • Do you need to update your privacy policies before the new regulations bite?

    Traditionally, privacy compliance has been perceived as relatively low risk – NZ businesses have not necessarily sought to comply with our privacy laws, typically because our Privacy Commissioner “lacked teeth”.     That’s about to change. The Privacy Bill is currently before the Select Committee (the Justice Committee), with the Committee’s report to the House due […]