Ken specialises in information technology, software and internet law, copyright, and trade secret law.
Ken joined AJ Park in 1971 and was a partner until he retired at the end of 2006. He now works as a consultant in our Auckland office, specialising in information technology, software and internet law, copyright, and trade secret law.
Ken gains huge satisfaction from mentoring others in these fields and modestly describes himself as more of a ‘backroom boy’ these days, providing legal opinions for others or working on reverse briefs from QCs.
In addition to New Zealand litigation, Ken has advised on and managed litigation for New Zealand clients in the USA, Germany and the United Kingdom. These related to technology licensing disputes, patent infringement and software trade secrets.
Ken has spent the best part of his career at AJ Park. He gained an engineering degree from the University of Auckland, and after working as an engineer for 18 months with what was then the New Zealand Broadcasting Corporation, he was recruited to AJ Park to handle patents for colour televisions. Remember, this was back in 1970 when TV was in black and white.
In 1978 Ken developed a practice in computer law and in 1989 he was counsel for the successful plaintiff in IBM v Computer Imports, New Zealand’s first software copyright case to go to trial. More recently, Ken acted for Fisher & Paykel Finance in the longest IP/IT law case in New Zealand. This was Karum v Fisher & Paykel Finance, where the High Court trial in 2012 lasted eight weeks. The case involved alleged non-literal infringement of software copyright. On appeal, the Court of Appeal in 2014 upheld the decision of the High Court that there was no infringement and to a large extent ruled out the possibility of non-literal infringement for software, as compared to books or plays with a plot, which would be protected by copyright as well as the text.
With such a long pedigree at AJ Park, Ken is well-placed to comment on what sets the firm apart from others.
A big bonus of being part of AJ Park is that we are an 'international' law firm – we handle both incoming work from clients, patent attorneys and lawyers in other countries, and look after our exporters working with patent attorneys and lawyers in offshore markets. It was this that led to me becoming a committee chair in the International Bar Association.
Ken especially enjoys the blend of law and technology that his role affords. He has authored numerous papers on the legal nature of software, copyright, software copyright and intellectual property law, and is a co-author of the book Copyright & Design. Ken is also a former co-chairman of the technology and e-commerce committee of the International Bar Association.
Ken Moon's insights
Article \ 23 Mar 2021
Comparative advertising and IP
Comparative advertising can be an extremely effective business tool.
When done correctly, comparative advertising can:
enable consumers to make informed decisions about their…
Article \ 17 Nov 2020
The dance-off ends: a (partial) resolution to Fortnite’s slurry of…
Since its launch in July 2017, Fortnite has dominated the online gaming scene, gathering billions in revenue from in-game purchases much to…
Article \ 3 Aug 2020
New Zealand High Court decides cryptofunds are property
In New Zealand’s first significant cryptocurrency case, Ruscoe & Moore v Cryptopia, the High Court in April 2020 found cryptocoins constituted property…
Article \ 9 Jul 2020
Tiger King: Murder, mayhem and misuse of intellectual property
Hey cool copy-cats and kittens. The wild Netflix documentary series Tiger King offers a cautionary tale about misusing a competing business’s intellectual…
Article \ 16 Jun 2020
Change to non-use period for Australian trade mark registrations
For owners of Australian trade marks filed after 24 February 2019, you will now have a shorter timeframe to commence use of…
Article \ 21 May 2020
Planned changes to fees charged by the New Zealand Customs…
The New Zealand Customs Service (Customs) has fixed fees that it charges for clearing imported and exported goods (goods clearance fees). Those…
Article \ 8 May 2020
Further compliance costs coming to the world of online shopping
Online shopping platforms: could they become liable for counterfeit goods sold by third parties on their platforms? Under legislation introduced to the…