The Government's Intellectual Property Agenda for 2006

The Geographical Indications (Wines and Spirits) Registration Bill 2005 is presently before a parliamentary Select Committee. This Bill replaces the earlier Geographical Indications Act 1994 which was passed in order to meet New Zealand’s obligations under the TRIPs Agreement but never actually came into force. The new Bill limits registration to geographical indications relating to wines and spirits whereas the earlier Act offered the prospect of protection for geographical indications extending beyond these.

The Copyright Amendment Bill is due to be introduced into Parliament early in 2006 to cover digital amendments and to make New Zealand compliant with the 1996 WIPO Copyright Treaties. This Bill will contain provision on ISP liability, the scope and extent of format and time shifting exceptions and a substantial upgrade of the provisions relating to technological protection measures.

In late 2004, the Ministry of Economic Development (MED) released a draft Patents Bill for consultation and submission i.e. ahead of actual introduction into Parliament. The submission/consultation process (which was limited to drafting and not substantive issues) was completed in 2005. The MED’s present aim is to introduce the Bill into Parliament in late 2006. The implementation of the Bill and in particular, the adoption in New Zealand of full international novelty (in place of the current local novelty test) will require a number of changes to the operations of the Intellectual Property Office of New Zealand. These operational requirements and the need to resolve them are in part to blame for the likely delay in introduction of the Bill.

Discussion papers on New Zealand’s accession to the Madrid Protocol and also the Trademark Law Treaty are also expected to be released by MED in the next few months.

A further initiative being developed by MED concerns the better enforcement of the criminal provisions in New Zealand’s intellectual property statutes. At present, the New Zealand Police are the enforcement authority for such criminal offences but resourcing and priority issues have led to the Police having little or no interest in taking enforcement action. The expectations and promises made by Ministers when the new criminal provisions (and increased penalties) were introduced have proved hollow in practice. In response to strong industry complaints, MED is presently working on an initiative which would involve replacing the Police with the National Enforcement Unit (a body that engages in enforcement of various other regulatory statutes).