Kevin Glover

Profile

Kevin practises in the area of commercial disputes.  About half of his work relates to intellectual property and the other half involves general civil and 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 lead counsel on trial and appellate cases, as well as 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 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 Doyle’s Guide (2016 onwards), World Trademark Review (2017 onwards) and Best Lawyers Guide (2019 onwards).

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;
  • media law, including pre-publication defamation advice for publishers/broadcasters and recipients of requests for comments, defamation claims and advertising standards complaints;
  • agency, equity, trust and fiduciary duty disputes;
  • franchise agreements;
  • shareholder disputes and other Companies Act issues; and
  • judicial review.

Profile

Kevin practises in the area of commercial disputes.  About half of his work relates to intellectual property and the other half involves general civil and 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 lead counsel on trial and appellate cases, as well as 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 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 Doyle’s Guide (2016 onwards), World Trademark Review (2017 onwards) and Best Lawyers Guide (2019 onwards).

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;
  • media law, including pre-publication defamation advice for publishers/broadcasters and recipients of requests for comments, defamation claims and advertising standards complaints;
  • agency, equity, trust and fiduciary duty disputes;
  • franchise agreements;
  • shareholder disputes and other Companies Act issues; and
  • judicial review.

Profile

Kevin practises in the area of commercial disputes.  About half of his work relates to intellectual property and the other half involves general civil and 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 lead counsel on trial and appellate cases, as well as 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 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 Doyle’s Guide (2016 onwards), World Trademark Review (2017 onwards) and Best Lawyers Guide (2019 onwards).

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;
  • media law, including pre-publication defamation advice for publishers/broadcasters and recipients of requests for comments, defamation claims and advertising standards complaints;
  • agency, equity, trust and fiduciary duty disputes;
  • franchise agreements;
  • shareholder disputes and other Companies Act issues; and
  • judicial review.

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.

  • 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 (ongoing).
  • Bayly v Hicks: Counsel for the respondents in the leading case on partition under the Property Law Act 2007. This involved extensive expert evidence on valuation, surveying and planning issues, with several hearings in the High Court and the Court of Appeal over 7 years: 7 day hearing in the High Court, 2011, reported at (2011)13 NZCPR 568; Court of Appeal, 2012, reported at [2013] 2 NZLR 401; three day hearing in the High Court, 2015, following appointment of Court-appointed valuers and surveyors; resolved after Court of Appeal hearing was adjourned part-heard, 2016.
  • Wendco v Auckland Council and Wiri Licensing Trust: Counsel for the Wiri Licensing Trust (junior to Graham Kohler QC) on a significant dispute with its tenant, the operator of Wendy's New Zealand. We successfully opposed two applications for interim injunction in lease dispute (2014). I also acted on the opposition to an application for judicial review regarding non-notification of resource consent application which went to the Supreme Court: High Court, 2014; Court of Appeal,2015, (2015) 19 ELRNZ 328; and Supreme Court, 2016, [2017] 1 NZLR 1008.
  • Re Mosaic Enterprises Limited: insolvency case, opposition to appointment of interim liquidators and then application for appointment of Official Assignee as liquidator; also advising on ownership of copyright in software (High Court, 2018).
  • Marr v Parkin: Counsel for the defendant High Court claim relating to purchase of a residential property (4 day trial), judgment for the defendant upheld on appeal.  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).  Also application for possession of property, granted on summary basis (High Court, 2015).
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.

  • 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 (ongoing).
  • Bayly v Hicks: Counsel for the respondents in the leading case on partition under the Property Law Act 2007. This involved extensive expert evidence on valuation, surveying and planning issues, with several hearings in the High Court and the Court of Appeal over 7 years: 7 day hearing in the High Court, 2011, reported at (2011)13 NZCPR 568; Court of Appeal, 2012, reported at [2013] 2 NZLR 401; three day hearing in the High Court, 2015, following appointment of Court-appointed valuers and surveyors; resolved after Court of Appeal hearing was adjourned part-heard, 2016.
  • Wendco v Auckland Council and Wiri Licensing Trust: Counsel for the Wiri Licensing Trust (junior to Graham Kohler QC) on a significant dispute with its tenant, the operator of Wendy's New Zealand. We successfully opposed two applications for interim injunction in lease dispute (2014). I also acted on the opposition to an application for judicial review regarding non-notification of resource consent application which went to the Supreme Court: High Court, 2014; Court of Appeal,2015, (2015) 19 ELRNZ 328; and Supreme Court, 2016, [2017] 1 NZLR 1008.
  • Re Mosaic Enterprises Limited: insolvency case, opposition to appointment of interim liquidators and then application for appointment of Official Assignee as liquidator; also advising on ownership of copyright in software (High Court, 2018).
  • Marr v Parkin: Counsel for the defendant High Court claim relating to purchase of a residential property (4 day trial), judgment for the defendant upheld on appeal.  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).  Also application for possession of property, granted on summary basis (High Court, 2015).
Publications and Seminars

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

Selected recent seminars and lectures include the following:

  • "Enforcing judgments" (ADLS, 2020)
  • “Transferring property obligations: Nomination,assignment and novation” (ADLS, 2019)
  • “Practical issues in assessing damages or accounts of profits in IP cases” (IPSANZ annual conference, Queenstown, 2018)
  • “Making Applications Easy” workshop (ADLS, 2017 and 2018)
  • “Patents – sufficiency, support and best method” (IPTA annual conference, Perth, Australia, 2017)
  • “Patents: staying on the right side of the disclosure rules” (IPSANZ, Auckland and Wellington, 2017)
  • Visiting lecturer “Innovation and IP” course (University of Auckland’s Department of Commercial Law, 2017)
  • “Dealing with the Bolt from the Blue – Managing ICT Disputes” at NZLS Cyber Law Conference (2016)
  • "How to not mess up an IP case” (with Greg Arthur) (IPSANZ, 2016)
  • Chair, "IP and Commercial Issues" conference (Legalwise, 2016)
  • “When an IP Disaster Strikes: Managing Intellectual Property Disputes” (ADLS, 2015)
  • Adjunct lecturer, “Copyright” intensive postgraduate paper (University of Auckland, 2011 and 2013)

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

  • 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 chapters regarding IPONZ and the Copyright Tribunal to forthcoming text “New Zealand Tribunals” (published by Thomson Reuters)
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).

Current Professional Memberships and Committees

  • New Zealand committee of the Intellectual Property of Australia and New Zealand (IPSANZ) (2008 to present), including chair 2018 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' Institute of New Zealand (AMINZ)


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

  • Auckland Community Law Centre pro bono bankruptcy advice service
  • Patron, Auckland Writers Festival
  • Presenter of annual seminar on legal careers at the University of Waikato (2010 to present)
  • Supporting Waiheke High School’s “Career Taster” days (2016 to present)
  • Former member of Board of Trustees of Te Huruhi School (2013 to 2017), including as Chair (2016-17)
  • Acting on a full pro bono and discounted fee basis for various clients (schools, charities, individuals in special circumstances)

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
+64 9 309 1119
Shortland Chambers