Paul Johns also discusses being solo after working with a team for years
Last week, Pearce IP litigation head Paul Johns talked to NZ Lawyer about creating a “perfectly nice pop song” with AI. In the final part of this interview, he tells us what he thinks of the pace of IP law reform in response to new technology, and how it feels to work solo after years of having a team.
How is legislation in NZ adjusting to the technology that’s out there now?
No New Zealand government in my career has ever taken IP legislative reform seriously or quickly. The 1953 [Patents] Act didn't get replaced until 2013 despite there being talk in the mid-90s of a new Act. We still have a Designs Act 1953. The Trade Marks Act was nearly as bad – they ended up just copying somebody else's, effectively. The only time they move quickly on IP law reform is usually when there's a fair trade agreement that requires it, and we're seeing that now with geographical indications. So whether our government has the will to actually make serious reforms and be a leader in the space – we'll have to wait and see. But I don't have high hopes, unfortunately.
On the other hand, that does mean we have a judiciary that’s sort of quite used to having to apply outdated law – not just in IP – to new circumstances, and to do so in a just way. Under the usual rules of statutory interpretation, you have to try and interpret the Act to apply to circumstances as they arise. There are some things to our advantage – the Copyright Act does deal with computer-derived works. From my perspective, the law is fairly clear – you need a human actor there somewhere. So I think we have a firm footing for judges if needed.
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When you were with AJ Park, you were working with largely the same group from Baldwins. Now, you'll be working with a group that's largely new to you. What has that experience been like?
It’s just me at the moment on the legal side here in Auckland; there's the Australian litigation team, which will I think will be of great support. If there are matters that span both sides of the Tasman, then I think we'll work very closely together. I also expect to be working with Julie Ballance, who's the senior patent attorney in Wellington, on New Zealand matters that involve her expertise as well.
In terms of expansion and growth, it'll be me picking the team, so hopefully, that will help me build a team that does work well together and gels and can perform at a high standard.
How have you been adjusting to working alone after years of working with a team?
It's only been a couple of weeks, but when it's a busy day and there's no one to lean on, I think that will be a bit of a change for me – but one that can be handled. I'm sure that the rest of the staff from across the Tasman or Wellington will be able to assist.
Where do you see yourself and the litigation group at Pearce IP in the next year or so?
Next year or so will be spent working towards the stated goal, which is to be the best life sciences firm in Australia and New Zealand. Litigation and other legal work will need to be part of that for sure.
What are you looking forward to in the second half of the year, personally?
I'm just looking forward to really getting to know my new colleagues, getting to know their clients, attracting new clients and doing some great work for great people.