Mark Gavin

Mark Gavin 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.

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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.

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Directories

• Asia Pacific Legal 500, Intellectual Property, Hall of Fame, 2020-2023
• Chambers and Partners, Intellectual Property, Band One, 2021-2023
• New Zealand Doyles Guide, Intellectual Property, Leading Lawyer, 2018-2020
• Business Today Top 10 Most Influential Intellectual Property Lawyers in New Zealand 2023

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Credentials

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

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Admission to the Bar

New Zealand, 1986

New South Wales, 2001

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Contributed Articles

• Legal risks associated with the use of AI

  In the span of a few years, Artificial Intelligence (AI) has showcased its potential to revolutionise the way we live, work, and interact. However, for many of us, the concept of AI and what it holds for the future remains a grey area. In this series, our experts outline some specific areas where the use of […]

• AI, privacy and confidentiality

  Many organisations have raised concerns regarding the relationship between AI (particularly public AI), and personal and/or confidential data. Anyone using public AI, such ChatGPT, could potentially breach privacy and/or confidentiality obligations if the information provided to the software is not appropriately vetted and managed. How AI uses content AI algorithms are typically trained using large […]

• Who owns the copyright for AI-generated content?

  With more companies and users creating content and images using generative AI (GAI), it is unclear however who owns the resulting copyright in these works. Under the Copyright Act 1994 (the Act), computer-generated content (which includes content produced by GAI) is protected by copyright in New Zealand. This protected content includes materials such as written […]

• Establishing Customer Data Rights – Have your say on the Customer and Product Data Bill

  MBIE has opened consultation on the exposure draft of the highly anticipated Customer and Product Data Bill. The Bill establishes what has been referred to as a ‘Consumer Data Right’ (CDR). In practical terms the CDR aims to bolster the rights of customers in respect of their data by allowing customers to instruct businesses in […]

• 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 […]