Hey Toyota, does my new Hilux come with any extras? Sure does. We call them accessories. * HAMILTON 5 Kahu Crescent, Te Rapa Park, Hamilton, 07 838 0499 MORRINSVILLE 85 Avenue Road North, Morrinsville, 07 889 7678 TE AWAMUTU 29 Kihikihi Road, Te Awamutu, 07 872 0017 www.ebbett.toyota.co.nz * Accessorised model shown. Offer available towards the purchase of Toyota Genuine or Toyota Approved accessories on new Toyota Hilux vehicles (excluding GR Sport) purchased at TDP or Bronze pricing through an Authorised Toyota Dealer between 1 <strong>April</strong> <strong>2023</strong> and 30 June <strong>2023</strong>, or while stocks last. Prices and specifications are subject to change at any time. See Toyota.co.nz for full T&Cs.
WAIKATO BUSINESS NEWS, APRIL/MAY <strong>2023</strong> 13 Tupperware - a tale of two (IP) issues In early <strong>April</strong>, news broke 1 that Tupperware, the well known US-based food storage brand, is in serious trouble. With rising debts and falling sales, Tupperware warned that it could go bust unless it can quickly raise new financing. 2 Tupperware finds itself in this predicament seemingly as a result of a failure to innovate, both in product design and distribution methods, and despite attempts to freshen up its products in recent years and reposition itself to a younger audience. 3 As one expert reportedly 4 commented, Tupperware - while considered innovative many years ago - was perhaps not as inventive and stylish as other (kitchenware) brands such as Joseph Joseph. 5 Add to its innovation woes the arguable fact that the ‘Tupperware’ brand name has become a common name in general public use (in trade mark speak, ‘generic’) for food storage containers, and Tupperware (the company) faces a task of Herculean proportions to survive, let alone once again prosper. Tupperware’s problems highlight the need for all businesses to ‘stay relevant’: that is, continually innovate in product and/or service design and delivery to meet the needs and wants of customers. As Peter Drucker 6 once declared, businesses must “innovate or die”. In more common parlance, “stay ahead of the pace of change or you’re toast”. 7 In saying this, it is important to note that innovation doesn’t have to come with a huge price tag: innovation can be small and cheap – it might be a small change in how you do something, or a slight shift in how you communicate what you do. Big or small, opportunities for innovation are everywhere – you just have to be open to them. Tupperware’s problems also highlight the need for brand owners to protect their brand name from becoming ‘generic’– as ‘Escalator’ and ‘Aspirin’, for example, did and ‘Sellotape’ and ‘Jandals’ arguably have (at least in New Zealand). Stopping a trade mark from becoming generic in New Zealand requires a fine balance of promotion and policing (as Tasman Insulation, the maker of ‘Pink Batts’ insulation, found out in the course of litigation between 2012 and 2015 8 ). Promote the name too much in a manner which makes consumers perceive it as noun, or fail to stop people from using the name as a noun, and brand owners could find themselves in Tupperware’s shoes or, worse, facing a claim to de-register their trade mark. It will be a huge pity if the lid on Tupperware’s future is firmly sealed shut in the next few months. I, for one, hope the brand can be saved – all it needs (apart from a shed load of money) is the right kind of love. 1. https://www.bbc.com/ news/business-65237293 “Tupperware warns of collapse unless it finds funds” 2. https://www.bbc.com/ news/business-65243711 “Tupperware: Why the household name could soon be history” INTELLECTUAL PROPERTY ISSUES BY BEN CAIN Ben Cain is a Senior Associate at James & Wells and a Resolution Institute-accredited mediator. He can be contacted at 07 957 5660 (Hamilton), 07 928 4470 (Tauranga) and benc@jaws.co.nz. 3. As fn 2 above 4. Neil Saunders, managing director of retail at the consultancy GlobalData, see fn 2 above 5. https://www.josephjoseph. com/ 6. Peter Drucker was an influential Austrian- American author, mentor and consultant who is considered the father of modern business management: https:// www.businessnewsdaily. com/10634-peter-druckermanagement-theory.html 7. https://hbr.org/2014/12/ innovation-on-the-fly# 8. See Tasman Insulation New Zealand Limited v Knauf Insulation Limited [2014] NZHC 960 and Tasman Insulation New Zealand Ltd v Knauf Insulation Ltd [2015] NZCA 602 Dear Australia Prime lays out Minister the “big Hipkins… welcome” mat for NZ citizens The recent announcement by the Australian Government to enable Congratulations New Zealand on citizens your promotion, to pathway and easier for this and timely quicker to Australian opportunity citizenship to contribute is very our much 30+ welcomed, years of experience and will finally in allow New Zealand NZ citizens immigration in Australia work to enjoy to help the same inform benefits your thinking that New about Zealand your approach confers on to their the citizens immigration in New portfolio. Zealand. What impact will this on the NZ job market and NZ employers? Historically the immigration portfolio was seen Historically, NZers as somewhat have had of the a right poisoned to live chalice, and work and in it Australia was not until the without first John a visa Key under government the Transin Tasman 2008 that Travel this Arrangement approach changed, (TTTA) since and 1973. immigration However, began they to have be not viewed been more entitled as to an the economic same benefits tool rather as Australian than just a citizens. means For to protect example, New they Zealand have not jobs. been The eligible immigration portfolio for government assistance, has since such developed as social into security one of significant payments, strategic and they have importance to pay higher which fees influences for healthcare many aspects and education. of New Zealand On the other society, hand, workforce Australians and the (& economy. Australian Immigration resident visa is now holders) a key have Government had full portfolio. rights to live Looking and work at the in big New picture. Zealand. Australia also New tightened Zealand its rules should in 2001 not as rest it viewed on its (correctly) laurels and expect that too that many it continues migrants to be were one using of the New most Zealand desired migrant as a back-door destinations, entry as to Australia. it is not, and we are trending backwards. In fact, Now, we will from be July doing 1, <strong>2023</strong>, well just NZers to hold who have onto lived the new in Australia migrants for that four we years do initially or more, attract and meet to this health country. and character requirements, can We be eligible are an to aging apply population for Australian and, citizenship by 2028, 1 and in every will then 5 people have will all the be 65+ rights years. that such Our birth citizenship rate of confers. 1.6 children is well below the Time replacement will tell rate on what of 2.1. impact Our these rural changes townships will are have losing on the infrastructure New Zealand and job market. services, With and while higher our wages schools and need a lower more cost teachers of living, now, and in a the few range years’ of time job opportunities school rolls will in be Australia, declining coupled and these with teachers a desire for will younger need to NZers find other to throw jobs or off go their overseas. “covid shackles”, Family and the lifestyle likelihood have is that always there been will definitely the main be reasons a strong migrants pull factor. choose In addition, New families Zealand. with However, school-aged these children, alone may who not had be previously sufficient to been attract reluctant and to retain consider the a people move to and Australia skills our due country to potential needs education to maintain costs may our living now reconsider standards, their let alone plans. to With grow. some We 700,000 need younger kiwis in people Australia who most can NZers contribute have friends more, and and for family longer, there to New who Zealand. can provide support New Zealand and guidance must attract should the they migrants decide to it relocate. wants, and It is needs, also only in a an 3-4 increasingly hour flight, and competitive the cost and is cheaper dynamic than international flying many domestic market, and routes. one Australia where people is already can very now active work-from-home on NZ job sites anywhere targeting in the NZ world. teachers We no longer enjoy the competitive advantages Level 2 586 Victoria Street Hamilton 3204 Level 2 586 Victoria Street Hamilton 3204 we once had, but one thing within our and control nurses, is to and make many the immigration other roles and process with many easier including and quicker, attractive and relocation world-leading, grants. In and short to promote there are “the many visa incentives process” to as move! one reason (As an to interesting choose New aside Zealand. many kiwis Online (& NZ visa residents) applications, in Australia and the move are eligible to more to vote automated in the NZ assessment general election processes, and will the help NZ Government but there is a has very recently long way made to go. a temporary change One to area widen which the eligibility would help criteria….) is for the Government The potential to impact engage on in NZ more employers robust could and well-planned be very significant. policy They settings, are already and to experiencing pressure-test skill such shortages settings and before now stand these to are lose implemented. more skilled It staff. is acknowledged Further, in order that to policies retain have their existing been necessarily staff, employers “reactive” are being over the required past 3 years to pay but higher there wages, have been but too at some many point, instances and given of back-tracking the talk of recession, of newly some introduced employers policies will when have no better choice planning but to batten and consultation down the hatches would “get-it-right-firsttime”. – something that will both The further new hurt Active the Investor economy Policy and will should directly be first promote on the chopping movement block! across the ditch. We also need forward looking policies which Employers are fit-for-purpose will be left in with today’s the option world. of Policies attracting which and focus employing on enabling migrant the workers, most desirable but this migrants is a highly the competitive opportunity market to for experience the right New skills Zealand and, in and, an if international they choose marketplace, to stay, then NZ great. has We definitely should lost not its demand shine. The that other these increasingly people commit attractive, indefinitely and possibly to stay. the most feasible option, is to invest in technology The Productivity to reduce reliance Commission on staff and report to identify into immigration and promote business recommended production a and Government efficiencies Policy across Statement the board. to Previously set a clear NZ’s strategic lower direction waged economy for immigration had tended policy. to negate This would and stifle be a the good need start and and desire provide for such some investment overriding – guidance something (ideology!) which is no to longer inform the policy case! settings with a focus on what immigration The Australian can deliver Government for the announcement good of New Zealand is definitely in the a longer big win term. for New Zealanders What who about wish a to work-from-homein-NZ take up, and benefit from, visa? the opportunities People could available live in in New the “lucky Zealand country”, and work but it is anywhere NZ employers in who the will world, be on now the losing that side. would The challenge really put for New New Zealand Zealand will on be the to stop map! the Yes trickle - Prime turning Minister! into a flood. Level 3 50 Manners Street Wellington 6011 07 834 9222 enquiries@pathwaysnz.com pathwaysnz.com Level 3 50 Manners Street Wellington 6011
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