Digital amendments to Copyright Act, new Patents Bill and new geographical indications legislation

New Zealand’s pending general election (17 September 2005) has interrupted the introduction and/or progress of a number of reforms to New Zealand’s intellectual property statutes.

Amendments to the Copyright Act 1994 designed to cater for digital technology have already been drafted and are now expected to be introduced into Parliament following the election. The Patents Bill designed to update New Zealand’s 1953 Act is also expected to be introduced into Parliament late in 2005 or early 2006.

In June 2005, the Geographical Indications (Wines & Spirits) Registration Bill was introduced into Parliament and referred to a Select Committee. This represents a change of direction in geographical indications. In 1994 following the TRIPs Agreement, the New Zealand Parliament passed a Geographical Indications Act but this was never brought into effect. The new Bill steps back from that statute and limits the scope to wines and spirits geographical indications only. (This seems to more accurately reflect New Zealand’s international trade interests as a substantial food and dairy produce exporter.) The process for registering geographical indications has been streamlined. Applications will be made to the Intellectual Property Office of New Zealand (IPONZ). Once the Bill passes, implementing regulations will still need to be drafted before the Act can come into force.

A discussion paper on New Zealand’s accession to the Madrid Protocol, the Trade Mark Law Treaty, and the Nice Agreement will be released by MED later this year.