General Background

Kevin practises in the area of commercial disputes.  He holds a Masters degree in law from the University of Cambridge, presents lectures and seminars to practitioners and students and writes for a number of legal publications.  He regularly advises on complex commercial disputes and acts as counsel on trial and appellate cases.

He has particular expertise in intellectual property and has acted as counsel in cases involving copyright, trade mark infringement and registrability (including IPONZ oppositions), patents, design rights, passing off, the Fair Trading Act, domain name issues and breach of confidence.  He regularly advises acts on interim injunction disputes for both plaintiffs and defendants.  He was named as a “Recommended” barrister for intellectual property and TMT disputes in New Zealand by Doyle’s Guide in 2016.

In addition to intellectual property, Kevin acts on a wide range of other types of disputes and has recently acted on matters involving:

  • contractual issues;
  • technology disputes;
  • media law, including pre-publication defamation advice for publishers/broadcasters and recipients of requests for comments, defamation claims and advertising standards complaints;
  • land and property disputes including leases, caveats, agreements for sale and purchase and the leading case on partition under the Property Law Act;
  • agency, equity, trust and fiduciary duty disputes;
  • franchise agreements;
  • shareholder disputes and other Companies Act issues;
  • insolvency; and
  • judicial review.

Kevin works with solicitors and patent attorneys throughout New Zealand and Australia on behalf of clients including high profile companies and organisations, Government entities, small and medium-sized businesses and individuals.  He regularly receives instructions and conflict briefs from large law firms and specialist intellectual property firms.

Selected Recent Cases

  • Bayly v Hicks: Counsel for respondents in application for partition of a substantial coastal/rural property under the Property Law Act involving expert valuation, surveying and planning issues (7 day hearing in the High Court, 2011, (2011) 13 NZCPR 568; Court of Appeal, 2012, [2013] 2 NZLR 401; 3 day hearing in the High Court, 2015; currently on appeal to the Court of Appeal).
  • Geostel Vision Limited v Oraka Technologies Limited: Instructed for an appeal by the second and third respondents against the largest award of copyright damages in New Zealand history ($4.1m), following an inquiry into damages (Court of Appeal, 2016).
  • Wendco v Auckland Council and Wiri Licensing Trust: Counsel for the Trust in successfully opposing two applications for interim injunction in lease dispute, and opposing application for judicial review regarding non-notification of resource consent application (High Court, 2014, Court of Appeal, 2015 and Supreme Court, 2016).
  • Yellow Holdings Limited v Eurobelt Limited: Counsel for the defendant in opposing an interim injunction application in the High Court regarding use of a domain name (High Court, 2016).
  • Starik Family Trust v Auckland Council: Counsel for the fifth respondent on proceeding with a six day hearing (Weathertight Homes Tribunal, 2016).
  • [Confidential]: acting for the plaintiff on breach of confidence proceedings including an application for interim injunction (High Court, 2015-16).
  • [Confidential]: acting for a defendant on a patent interim injunction (High Court, 2016).
  • Marr v Parkin: Counsel for the defendant High Court claim relating to purchase of a residential property (4 day trial).  Issues included agency, knowing receipt, competing equitable priorities and the Credit Contracts and Consumer Finance Act.  Granted increased costs in relation to the proceeding and related caveat matter (High Court, 2014 and Court of Appeal, 2015; High Court costs judgment, 2015).
  • Parkin v Marr: Application for possession of property, granted on summary basis (High Court, 2015).
  • Commercial Metals Limited / All Metals Limited v Wright: Opposition to application for summary judgment in the High Court on contract claim, upheld in the Court of Appeal (High Court, (2014) 15 NZCPR 467 and Court of Appeal [2015] NZCA 450).
  • [Confidential]: acting for parties who received a cease and desist letter threatening interim injunction applications for infringement of intellectual property rights (resolved without undertakings being offered or proceedings being issued) (2015).
  • [Confidential]: acting on shareholder dispute involving lease dispute, alleged breach of director duties and applications under sections 174 and 241 of the Companies Act (resolved prior to trial) (High Court, 2014-16).
  • [Confidential]: acting on family dispute over entitlement to purchase a property including fiduciary claims (resolved prior to trial) (High Court, 2014-16).
  • [Confidential]: acting on family dispute over trust proceeds (resolved on the first day of five day trial) (High Court, 2012-13).
  • Merial Limited v Bayer New Zealand Limited: acting for plaintiff on claim for patent infringement and breach of confidence (High Court, 2013).
  • Horton v Cowley: Counsel for liquidator on application to set aside insolvent transactions and voidable charges (High Court, 2012).
  • PureDepth Limited v NCP Trading Limited: Acting for the defendant on opposition to application for interim injunction on claim for patent infringement relating to televisions.  (High Court, 2010).
  • Viacom v Scene 1: Acting for appellant on application for stay (Court of Appeal, 2009).
  • Counsel on various trade mark oppositions and invalidity proceedings before the Assistant Commissioner of Trade Marks at IPONZ, including Shaanxi Heavy-Duty Automobile Co., Limited v Man Truck & Bus AG [2016] NZIPOTM 14, Pinnacle Liquor Group Pty Limited v New Zealand Winegrowers [2014] NZIPOTM 1, Aleem Pty Limited v Nelson Petroleum Limited [2016] NZIPOTM 8, and various cases which settled before hearing.
  • Counsel on various contractual, guarantee, liquidation/insolvency and lease disputes (High Court and District Court).
  • Advising on various media law issues, including pre-publication defamation advice for publishers/broadcasters and recipients of requests for comments; acting and advising on defamation claims; advising on Advertising Standards complaints including appearing as counsel at in-person ASCB hearing.

 

Professional Activities

Kevin has been a member of Shortland Chambers since 2009. 

Prior to joining the independent Bar, Kevin practised in leading firms in Auckland and London: Bell Gully, Auckland (2002 to 2003; 2005 to 2009), Ashurst, London (2004 to 2005) and Russell McVeagh, Auckland (2000 to 2002).

Kevin has presented seminars for the New Zealand Law Society, Auckland District Law Society, IPSANZ, the NZ Institute of Patent Attorneys, various private providers of legal CPD, students at the University of Auckland and the University of Waikato and various law firms in New Zealand and Australia.

Professional Memberships

  • Member of the New Zealand committee of the Intellectual Property of Australia and New Zealand (IPSANZ) (2008 to present). 
  • Member of Continuing Professional Development committee of Auckland District Law Society (2015 to present).
  • Member of NZ Bar Association, Auckland District Law Society, Legal Research Foundation, and New Zealand Law Society.
  • Associate Member of Arbitrators' and Mediators' Insititute of New Zeland (AMINZ).
  • Member of Board of Trustees of Te Huruhi School (2013 to present).

Academic Achievements

  • Awarded a first in LL.M at University of Cambridge (Sidney Sussex College) (2003-04).
  • Awarded scholarships from the Cambridge Commonwealth Trust and the Spencer Mason Trust towards study at Cambridge (2003).
  • Completed NZLS Advanced Litigation Skills Programme (2009).
  • First class honours in LL.B (Hons) at University of Waikato (1996-1999).

 

Publications and Seminars

  • Contributing author to the “Copyright” section of New Zealand's leading text on copyright law, “Intellectual Property Law” (looseleaf, LexisNexis) (2010 to present).
  • Author of blog on intellectual property issues, www.iplawyer.co.nz (2013 to present).
  • Author of “Intellectual Property” chapter of Auckland District Law Society’s “Legal Practice Manual” (published 2015).
  • Updating author of "Copyright" chapter of Laws of New Zealand (LexisNexis) (2009 to present).

Kevin presents seminars and lectures on a regular basis, including the following:

  • Visiting lecturer at University of Auckland for intensive LLM specialist paper on copyright law (2011 and 2013).
  • Chair, "IP and Commercial Issues" conference (Legalwise, November 2016).
  • “Dealing with the Bolt from the Blue – Managing ICT Disputes” at NZLS Cyber Law Conference (May 2016).
  • LawTech 2016 conference (Auckland, May 2016).
  • Guest lecture on intellectual property to “DRAMA 705 Production and Management Skills” class at the University of Auckland (March 2016).
  • "How to not mess up an IP case” (with Greg Arthur) (IPSANZ, February 2016).
  • “When an IP Disaster Strikes: Managing Intellectual Property Disputes” (ADLS, 2015).
  • Panel discussion on intellectual property and music (with David Long and Andrew Fagan) for NZIPA (2015).
  • “Using Competitors’ Brands – An Update on AdWords and Comparative Advertising” (ADLS, 2014).
  • “Interim injunctions in intellectual property cases” (IPSANZ, 2013).
  • “Musical issues in copyright law” (IPSANZ, 2012).
  • Convenor and lead presenter of annual seminar on legal careers at the University of Waikato’s School of Law (2010 to presenter).

Kevin has written various articles on intellectual property and related matters for his blog about IP law and for other publications including Law News, NZ Lawyer and the following: "Domain name dispute resolution" [2009] NZLJ 35, "The own name defence to trade mark infringement and passing off in New Zealand" [2003] 3 NZIPJ 169, "Comparative advertising in New Zealand" [2003] NZLJ 133, "Update on comparative advertising" [2003] NZLJ 159, "Sports sponsorship in New Zealand" [2001] NZLJ 124 and "Severing the ties that bind? The development of a distinctive New Zealand jurisprudence" [2000] 8 Waik L Rev 25.

Kevin Glover

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Qualifications

LLB (Hons) (University of Waikato), 1996-99

LLM (University of Cambridge), 2003-04

Admitted: 2000

Barrister Sole: 2009

Areas of Practice

Qualifications

LLB (Hons) (University of Waikato), 1996-99

LLM (University of Cambridge), 2003-04

Admitted: 2000

Barrister Sole: 2009

General Background

Kevin practises in the area of commercial disputes.  He holds a Masters degree in law from the University of Cambridge, presents lectures and seminars to practitioners and students and writes for a number of legal publications.  He regularly advises on complex commercial disputes and acts as counsel on trial and appellate cases.

He has particular expertise in intellectual property and has acted as counsel in cases involving copyright, trade mark infringement and registrability (including IPONZ oppositions), patents, design rights, passing off, the Fair Trading Act, domain name issues and breach of confidence.  He regularly advises acts on interim injunction disputes for both plaintiffs and defendants.  He was named as a “Recommended” barrister for intellectual property and TMT disputes in New Zealand by Doyle’s Guide in 2016.

In addition to intellectual property, Kevin acts on a wide range of other types of disputes and has recently acted on matters involving:

  • contractual issues;
  • technology disputes;
  • media law, including pre-publication defamation advice for publishers/broadcasters and recipients of requests for comments, defamation claims and advertising standards complaints;
  • land and property disputes including leases, caveats, agreements for sale and purchase and the leading case on partition under the Property Law Act;
  • agency, equity, trust and fiduciary duty disputes;
  • franchise agreements;
  • shareholder disputes and other Companies Act issues;
  • insolvency; and
  • judicial review.

Kevin works with solicitors and patent attorneys throughout New Zealand and Australia on behalf of clients including high profile companies and organisations, Government entities, small and medium-sized businesses and individuals.  He regularly receives instructions and conflict briefs from large law firms and specialist intellectual property firms.

Selected Recent Cases

  • Bayly v Hicks: Counsel for respondents in application for partition of a substantial coastal/rural property under the Property Law Act involving expert valuation, surveying and planning issues (7 day hearing in the High Court, 2011, (2011) 13 NZCPR 568; Court of Appeal, 2012, [2013] 2 NZLR 401; 3 day hearing in the High Court, 2015; currently on appeal to the Court of Appeal).
  • Geostel Vision Limited v Oraka Technologies Limited: Instructed for an appeal by the second and third respondents against the largest award of copyright damages in New Zealand history ($4.1m), following an inquiry into damages (Court of Appeal, 2016).
  • Wendco v Auckland Council and Wiri Licensing Trust: Counsel for the Trust in successfully opposing two applications for interim injunction in lease dispute, and opposing application for judicial review regarding non-notification of resource consent application (High Court, 2014, Court of Appeal, 2015 and Supreme Court, 2016).
  • Yellow Holdings Limited v Eurobelt Limited: Counsel for the defendant in opposing an interim injunction application in the High Court regarding use of a domain name (High Court, 2016).
  • Starik Family Trust v Auckland Council: Counsel for the fifth respondent on proceeding with a six day hearing (Weathertight Homes Tribunal, 2016).
  • [Confidential]: acting for the plaintiff on breach of confidence proceedings including an application for interim injunction (High Court, 2015-16).
  • [Confidential]: acting for a defendant on a patent interim injunction (High Court, 2016).
  • Marr v Parkin: Counsel for the defendant High Court claim relating to purchase of a residential property (4 day trial).  Issues included agency, knowing receipt, competing equitable priorities and the Credit Contracts and Consumer Finance Act.  Granted increased costs in relation to the proceeding and related caveat matter (High Court, 2014 and Court of Appeal, 2015; High Court costs judgment, 2015).
  • Parkin v Marr: Application for possession of property, granted on summary basis (High Court, 2015).
  • Commercial Metals Limited / All Metals Limited v Wright: Opposition to application for summary judgment in the High Court on contract claim, upheld in the Court of Appeal (High Court, (2014) 15 NZCPR 467 and Court of Appeal [2015] NZCA 450).
  • [Confidential]: acting for parties who received a cease and desist letter threatening interim injunction applications for infringement of intellectual property rights (resolved without undertakings being offered or proceedings being issued) (2015).
  • [Confidential]: acting on shareholder dispute involving lease dispute, alleged breach of director duties and applications under sections 174 and 241 of the Companies Act (resolved prior to trial) (High Court, 2014-16).
  • [Confidential]: acting on family dispute over entitlement to purchase a property including fiduciary claims (resolved prior to trial) (High Court, 2014-16).
  • [Confidential]: acting on family dispute over trust proceeds (resolved on the first day of five day trial) (High Court, 2012-13).
  • Merial Limited v Bayer New Zealand Limited: acting for plaintiff on claim for patent infringement and breach of confidence (High Court, 2013).
  • Horton v Cowley: Counsel for liquidator on application to set aside insolvent transactions and voidable charges (High Court, 2012).
  • PureDepth Limited v NCP Trading Limited: Acting for the defendant on opposition to application for interim injunction on claim for patent infringement relating to televisions.  (High Court, 2010).
  • Viacom v Scene 1: Acting for appellant on application for stay (Court of Appeal, 2009).
  • Counsel on various trade mark oppositions and invalidity proceedings before the Assistant Commissioner of Trade Marks at IPONZ, including Shaanxi Heavy-Duty Automobile Co., Limited v Man Truck & Bus AG [2016] NZIPOTM 14, Pinnacle Liquor Group Pty Limited v New Zealand Winegrowers [2014] NZIPOTM 1, Aleem Pty Limited v Nelson Petroleum Limited [2016] NZIPOTM 8, and various cases which settled before hearing.
  • Counsel on various contractual, guarantee, liquidation/insolvency and lease disputes (High Court and District Court).
  • Advising on various media law issues, including pre-publication defamation advice for publishers/broadcasters and recipients of requests for comments; acting and advising on defamation claims; advising on Advertising Standards complaints including appearing as counsel at in-person ASCB hearing.

 

Professional Activities

Kevin has been a member of Shortland Chambers since 2009. 

Prior to joining the independent Bar, Kevin practised in leading firms in Auckland and London: Bell Gully, Auckland (2002 to 2003; 2005 to 2009), Ashurst, London (2004 to 2005) and Russell McVeagh, Auckland (2000 to 2002).

Kevin has presented seminars for the New Zealand Law Society, Auckland District Law Society, IPSANZ, the NZ Institute of Patent Attorneys, various private providers of legal CPD, students at the University of Auckland and the University of Waikato and various law firms in New Zealand and Australia.

Professional Memberships

  • Member of the New Zealand committee of the Intellectual Property of Australia and New Zealand (IPSANZ) (2008 to present). 
  • Member of Continuing Professional Development committee of Auckland District Law Society (2015 to present).
  • Member of NZ Bar Association, Auckland District Law Society, Legal Research Foundation, and New Zealand Law Society.
  • Associate Member of Arbitrators' and Mediators' Insititute of New Zeland (AMINZ).
  • Member of Board of Trustees of Te Huruhi School (2013 to present).

Academic Achievements

  • Awarded a first in LL.M at University of Cambridge (Sidney Sussex College) (2003-04).
  • Awarded scholarships from the Cambridge Commonwealth Trust and the Spencer Mason Trust towards study at Cambridge (2003).
  • Completed NZLS Advanced Litigation Skills Programme (2009).
  • First class honours in LL.B (Hons) at University of Waikato (1996-1999).

 

Publications and Seminars

  • Contributing author to the “Copyright” section of New Zealand's leading text on copyright law, “Intellectual Property Law” (looseleaf, LexisNexis) (2010 to present).
  • Author of blog on intellectual property issues, www.iplawyer.co.nz (2013 to present).
  • Author of “Intellectual Property” chapter of Auckland District Law Society’s “Legal Practice Manual” (published 2015).
  • Updating author of "Copyright" chapter of Laws of New Zealand (LexisNexis) (2009 to present).

Kevin presents seminars and lectures on a regular basis, including the following:

  • Visiting lecturer at University of Auckland for intensive LLM specialist paper on copyright law (2011 and 2013).
  • Chair, "IP and Commercial Issues" conference (Legalwise, November 2016).
  • “Dealing with the Bolt from the Blue – Managing ICT Disputes” at NZLS Cyber Law Conference (May 2016).
  • LawTech 2016 conference (Auckland, May 2016).
  • Guest lecture on intellectual property to “DRAMA 705 Production and Management Skills” class at the University of Auckland (March 2016).
  • "How to not mess up an IP case” (with Greg Arthur) (IPSANZ, February 2016).
  • “When an IP Disaster Strikes: Managing Intellectual Property Disputes” (ADLS, 2015).
  • Panel discussion on intellectual property and music (with David Long and Andrew Fagan) for NZIPA (2015).
  • “Using Competitors’ Brands – An Update on AdWords and Comparative Advertising” (ADLS, 2014).
  • “Interim injunctions in intellectual property cases” (IPSANZ, 2013).
  • “Musical issues in copyright law” (IPSANZ, 2012).
  • Convenor and lead presenter of annual seminar on legal careers at the University of Waikato’s School of Law (2010 to presenter).

Kevin has written various articles on intellectual property and related matters for his blog about IP law and for other publications including Law News, NZ Lawyer and the following: "Domain name dispute resolution" [2009] NZLJ 35, "The own name defence to trade mark infringement and passing off in New Zealand" [2003] 3 NZIPJ 169, "Comparative advertising in New Zealand" [2003] NZLJ 133, "Update on comparative advertising" [2003] NZLJ 159, "Sports sponsorship in New Zealand" [2001] NZLJ 124 and "Severing the ties that bind? The development of a distinctive New Zealand jurisprudence" [2000] 8 Waik L Rev 25.