Kevin Glover

Profile

Kevin practises in the area of complex commercial disputes.  About three-quarters of his work relates to intellectual property and the balance involves general civil and commercial disputes.  He holds a Masters degree in law from the University of Cambridge, contributes to a number of legal publications and presents seminars to practitioners. He acts as lead counsel on trial and appellate cases, and is frequently instructed on cases involving interim injunction applications.


He is a recognised expert in intellectual property and has acted as sole or lead counsel in high profile 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.  Examples of Kevin’s recent cases are set out in the "Case History" section below.  He also adjudicates on domain name disputes as an Expert for the New Zealand Domain Name Commissioner.  


Kevin has been named as a leading barrister for intellectual property disputes in New Zealand by Best Lawyers Guide (2019 onwards), Doyle’s Guide (2016 onwards), Chambers and Partners (2020 onwards) and as a Tier One barrister for commercial disputes by Legal 500 (2023).


Kevin also advises and acts on a wide range of general civil and commercial disputes, mainly relating to land/property (including leases, caveats, agreements for sale and purchase and partition under the Property Law Act), contract and insolvency.  Other recent matters include:

  • technology disputes;
  • agency, equity, trust and fiduciary duty disputes;
  • franchise agreements; and
  • partnership disputes, shareholder disputes and other Companies Act issues.

Kevin writes extensively on intellectual property.  He is the author (with Associate Professor Rob Batty) of the leading text Trade Marks in Practice (5th edition, 2024), and contributes to the commentary on the Trade Marks Act, the Copyright Act and the Designs Act for Intellectual Property Law (published by LexisNexis).  He is a General Editor of the NZ Intellectual Property Journal.  He regularly presents seminars on IP and other matters for NZ Law Society, IPSANZ and Auckland District Law Society.  He has taught undergraduate and postgraduate courses on IP as an adjunct lecturer at the University of Auckland.

Profile

Kevin practises in the area of complex commercial disputes.  About three-quarters of his work relates to intellectual property and the balance involves general civil and commercial disputes.  He holds a Masters degree in law from the University of Cambridge, contributes to a number of legal publications and presents seminars to practitioners. He acts as lead counsel on trial and appellate cases, and is frequently instructed on cases involving interim injunction applications.


He is a recognised expert in intellectual property and has acted as sole or lead counsel in high profile 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.  Examples of Kevin’s recent cases are set out in the "Case History" section below.  He also adjudicates on domain name disputes as an Expert for the New Zealand Domain Name Commissioner.  


Kevin has been named as a leading barrister for intellectual property disputes in New Zealand by Best Lawyers Guide (2019 onwards), Doyle’s Guide (2016 onwards), Chambers and Partners (2020 onwards) and as a Tier One barrister for commercial disputes by Legal 500 (2023).


Kevin also advises and acts on a wide range of general civil and commercial disputes, mainly relating to land/property (including leases, caveats, agreements for sale and purchase and partition under the Property Law Act), contract and insolvency.  Other recent matters include:

  • technology disputes;
  • agency, equity, trust and fiduciary duty disputes;
  • franchise agreements; and
  • partnership disputes, shareholder disputes and other Companies Act issues.

Kevin writes extensively on intellectual property.  He is the author (with Associate Professor Rob Batty) of the leading text Trade Marks in Practice (5th edition, 2024), and contributes to the commentary on the Trade Marks Act, the Copyright Act and the Designs Act for Intellectual Property Law (published by LexisNexis).  He is a General Editor of the NZ Intellectual Property Journal.  He regularly presents seminars on IP and other matters for NZ Law Society, IPSANZ and Auckland District Law Society.  He has taught undergraduate and postgraduate courses on IP as an adjunct lecturer at the University of Auckland.

Profile

Kevin practises in the area of complex commercial disputes.  About three-quarters of his work relates to intellectual property and the balance involves general civil and commercial disputes.  He holds a Masters degree in law from the University of Cambridge, contributes to a number of legal publications and presents seminars to practitioners. He acts as lead counsel on trial and appellate cases, and is frequently instructed on cases involving interim injunction applications.


He is a recognised expert in intellectual property and has acted as sole or lead counsel in high profile 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.  Examples of Kevin’s recent cases are set out in the "Case History" section below.  He also adjudicates on domain name disputes as an Expert for the New Zealand Domain Name Commissioner.  


Kevin has been named as a leading barrister for intellectual property disputes in New Zealand by Best Lawyers Guide (2019 onwards), Doyle’s Guide (2016 onwards), Chambers and Partners (2020 onwards) and as a Tier One barrister for commercial disputes by Legal 500 (2023).


Kevin also advises and acts on a wide range of general civil and commercial disputes, mainly relating to land/property (including leases, caveats, agreements for sale and purchase and partition under the Property Law Act), contract and insolvency.  Other recent matters include:

  • technology disputes;
  • agency, equity, trust and fiduciary duty disputes;
  • franchise agreements; and
  • partnership disputes, shareholder disputes and other Companies Act issues.

Kevin writes extensively on intellectual property.  He is the author (with Associate Professor Rob Batty) of the leading text Trade Marks in Practice (5th edition, 2024), and contributes to the commentary on the Trade Marks Act, the Copyright Act and the Designs Act for Intellectual Property Law (published by LexisNexis).  He is a General Editor of the NZ Intellectual Property Journal.  He regularly presents seminars on IP and other matters for NZ Law Society, IPSANZ and Auckland District Law Society.  He has taught undergraduate and postgraduate courses on IP as an adjunct lecturer at the University of Auckland.

Additional information

Case History

The following is a selected list of recent cases where Kevin is acting or has acted as counsel. For further details of Kevin's case experience, see http://kevinglover.co.nz/cases.

  • ZURU New Zealand v LEGO Juris A/S: Acting for the LEGO Group on infringement claims, and opposing applications by ZURU for declarations of non-infringement.  12-day trial in Auckland High Court on May 2023.  The case involved novel and technical issues relating to use as a trade mark and the defences under ss 94 and 95 of the Trade Marks Act. Also an issue regarding waiver of privilege (successful application during trial), and declarations as a remedy. Senior counsel in the High Court, junior counsel to Alan Galbraith KC for the in the Court of Appeal on 30-31 October 2024 (judgment reserved).
  • Medtech Limited v Valentia Technologies (NZ) Limited 2024: Acting for Valentia, a major provider of software in the health sector. Defending claims brought by its competitor Medtech in the Auckland High Court for copyright infringement, breach of confidence and other claims in relation to the operation of Valentia’s “indici” practice management system used by GP practices.  Successful opposition to application for “interim-interim” relief, successful opposition to interim injunction application, successful application to rescind earlier preservation order that had been made on a without notice basis, awarded 3C costs.
  • Geostel Vision Limited v Oraka Technologies Limited: Copyright, counsel for the second and third defendants.  Successfully overturned the largest award of copyright damages in New Zealand history ($4.1m) on appeal to the Court of Appeal in 2016 ([2017] 2 NZLR 611).  Counsel for the same parties for six day hearing on quantum in the High Court and a further appeal to the Court of Appeal which fixed damages at $47,000 (2020).
  • Brands Limited v Bed Bath 'N' Table Pty Limited: Counsel for New Zealand manchester and homewares retailer Bed Bath & Beyond in a claim for trade mark infringement, trade mark invalidity, passing off and breach of the Fair Trading Act by its competitor, Bed Bath 'N' Table.  Three-week trial in the Wellington High Court in July/August 2022.
  • Acer Inc v The Australian Council for Educational Research: Acted for Acer Inc on various trade mark disputes (oppositions, invalidity, revocation) with The Australian Council for Educational Research regarding trade marks that are or contain the word ACER.
  • AB v CD &EF: Counsel for two law firm partners in defending claims arising from the expulsion of the third partner from the firm for gross misconduct. 7-day arbitration hearing. The validity of the expulsion was upheld.
Documents

The following is a selected list of recent cases where Kevin is acting or has acted as counsel. For further details of Kevin's case experience, see http://kevinglover.co.nz/cases.

  • ZURU New Zealand v LEGO Juris A/S: Acting for the LEGO Group on infringement claims, and opposing applications by ZURU for declarations of non-infringement.  12-day trial in Auckland High Court on May 2023.  The case involved novel and technical issues relating to use as a trade mark and the defences under ss 94 and 95 of the Trade Marks Act. Also an issue regarding waiver of privilege (successful application during trial), and declarations as a remedy. Senior counsel in the High Court, junior counsel to Alan Galbraith KC for the in the Court of Appeal on 30-31 October 2024 (judgment reserved).
  • Medtech Limited v Valentia Technologies (NZ) Limited 2024: Acting for Valentia, a major provider of software in the health sector. Defending claims brought by its competitor Medtech in the Auckland High Court for copyright infringement, breach of confidence and other claims in relation to the operation of Valentia’s “indici” practice management system used by GP practices.  Successful opposition to application for “interim-interim” relief, successful opposition to interim injunction application, successful application to rescind earlier preservation order that had been made on a without notice basis, awarded 3C costs.
  • Geostel Vision Limited v Oraka Technologies Limited: Copyright, counsel for the second and third defendants.  Successfully overturned the largest award of copyright damages in New Zealand history ($4.1m) on appeal to the Court of Appeal in 2016 ([2017] 2 NZLR 611).  Counsel for the same parties for six day hearing on quantum in the High Court and a further appeal to the Court of Appeal which fixed damages at $47,000 (2020).
  • Brands Limited v Bed Bath 'N' Table Pty Limited: Counsel for New Zealand manchester and homewares retailer Bed Bath & Beyond in a claim for trade mark infringement, trade mark invalidity, passing off and breach of the Fair Trading Act by its competitor, Bed Bath 'N' Table.  Three-week trial in the Wellington High Court in July/August 2022.
  • Acer Inc v The Australian Council for Educational Research: Acted for Acer Inc on various trade mark disputes (oppositions, invalidity, revocation) with The Australian Council for Educational Research regarding trade marks that are or contain the word ACER.
  • AB v CD &EF: Counsel for two law firm partners in defending claims arising from the expulsion of the third partner from the firm for gross misconduct. 7-day arbitration hearing. The validity of the expulsion was upheld.
Publications and Seminars

Kevin is an author of the following texts relating to intellectual property:

  • Author (with Associate Professor Rob Batty) of Trade Marks in Practice (5th edition, LexisNexis, 2024).
  • Contributing author to Intellectual Property Law (published by LexisNexis, loose-leaf/online).  He is responsible for:
  • ~ Parts 4, 5, 8, 9 and 10 of the commentary on the Copyright Act (variously since 2010).
  • ~ The commentary on the Trade Marks Act (since 2021).
  • ~ The commentary on the Designs Act (since 2019).
  • “Intellectual Property Office of New Zealand” and “Copyright Tribunal” chapters for New Zealand Tribunals: Law and Practice (Thomson Reuters, 2020).
  • General editor of the New Zealand Intellectual Property Journal.
  • Author of chapters regarding IPONZ and the Copyright Tribunal to forthcoming text “New Zealand Tribunals” (Thomson Reuters, 2020).


He has written articles for a wide variety of publications including the New Zealand Law Journal, the New Zealand Intellectual Property Law Journal, Law News, Waikato Law Review and NZ Lawyer.  He publishes articles and introductory guides about intellectual property and related matters on his website, www.kevinglover.co.nz. His most recent articles are “In Conversation with the Honourable Justice Tracey Walker (Intellectual Property Forum issue 138, December 2024) and “Adjudication at IPONZ under the Trade Marks Act 2002” [2024] NZ Law Review 365.


Kevin has presented lectures and seminars in New Zealand and Australia.  He has also taught postgraduate and undergraduate university courses on intellectual property as a visiting lecturer at the University of Auckland.


Selected forthcoming and recent seminars and lectures include the following:

  • Adjunct lecturer, “Trade Marks” undergraduate and postgraduate paper (University of Auckland, April-June 2025).
  • “Confidentiality and IP clauses: Practical enforcement strategies and challenges” (The Law Association of NZ, March 2025) (with Philip Skelton KC).
  • “Trade mark adjudication at IPONZ” (IPSANZ, February 2025).
  • Faculty member, “Introduction to Litigation Skills” (NZLS, 2023 and 2024).
  • “Beginner’s guide to intellectual property” (Legal Research Foundation, 2024).
  • “Current copyright conundrums – GenAI, live streaming and deepfakes” (IPSANZ annual trans-Tasman conference, 2024) (with Justine Beaumont KC and George O’Farrell).
  • “IPONZ adjudication under the Trade Marks Act 2002” at Legal Research Foundation conference “Twenty Years of the Trade Marks Act 2002” (LRF, 2023).
  • “Interim injunctions in IP cases in New Zealand” (IPSANZ, 2022).
  • “Judgments and how to enforce them” (NZLS, 2021 and 2023; ADLS, 2020 and 2024) (with Toby Braun).
  • “Managing the early stages of an IP dispute” (ADLS, 2022) (with Jane Glover).
  • “Statutory demands: Tricks and traps from both sides of the fence” (ADLS, 2021) (with Yvonne Mortimer-Wang).
  • “Plant variety rights – lessons from Zespri v Gao” (IPSANZ, 2020).
  • “Transferring property obligations: Nomination, assignment and novation” (ADLS, 2019).
  • “Practical issues in assessing damages or accounts of profits in IP cases” (IPSANZ annual trans-Tasman conference, 2018).
  • “Patents – sufficiency, support and best method” (IPTA annual conference, Perth, Australia, 2017).
  • Visiting lecturer “Innovation and IP” course (University of Auckland’s Department of Commercial Law, 2017).
  • Adjunct lecturer, “Copyright” intensive postgraduate paper (University of Auckland, 2011 and 2013).
Professional Activities

Kevin has been a member of Shortland Chambers since 2009 and served on its board from 2018 to 2020.  He is a member of the New Members Committee (concerned with recruitment).


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).

Professional Memberships and Committees

  • Member of the Intellectual Property Society of Australia and New Zealand (IPSANZ).  Member of the New Zealand committee (2008 to 2022), including as chair from 2018 to 2020.
  • Member of NZ Bar Association, The Law Association of NZ, Legal Research Foundation and New Zealand Law Society, Associate Member of Arbitrators' and Mediators' Institute of New Zealand (AMINZ).
  • Member of Continuing Professional Development committee of ADLS/The Law Association (2015 to 2024).


Academic Achievements

  • Awarded first class 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).
  • First class honours in LL.B (Hons) at University of Waikato (1996-1999).


Community Involvement

  • Acting on a full pro bono and discounted fee basis for various clients (schools, charities, individuals in special circumstances).
  • Presenter of annual seminar on legal careers at the University of Waikato (2010 to present).
  • Patron, Auckland Writers Festival.
  • Former member of Board of Trustees of Te Huruhi School (2013 to 2017), including as Chair (2016-17).

Qualifications

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

LLM (University of Cambridge), 2003-04

Admitted: 2000

Barrister Sole: 2009

Kevin
Glover
kglover@shortlandchambers.co.nz
+64 21 687 490
+64 9 307 9814
Shortland Chambers