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James & Wells are the dominant intellectual property firm acting for New Zealanders, understanding Kiwi business and intellectual property law, and fair trading in New Zealand – after all, they wrote the book!
Building up your business is hard work, so if you are looking to launch a new product but are unsure what standards apply or would like to make sure someone else does not muscle in on your good name and reputation, James & Wells can help.
Kiwi businesses and consumers are protected from unfair trading practices by a raft of legislation; the Fair Trading Act 1986, Sale of Goods Act 1908 and the Consumer Guarantees Act 1993, which are all about playing fair. The James & Wells team are well versed with New Zealand’s fair trading laws, and can provide advice on fair trading laws and product standards, including labelling requirements. They will also notify others of your rights and how they may be in breach of those rights under fair trading laws, advise you on allegations of breaches of the fair trading laws, and prosecute or defend court proceedings concerning allegations of breaches of the fair trading laws.
New Zealand has a comprehensive set of laws which govern how businesses trade with each other and with consumers, including the above Fair Trading Act, 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.