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ACTA is concerned with the enforcement of intellectual property rights, and in particular enforcement of copyright and trade marks rights against trafficking in pirated copyright works and goods bearing counterfeited trade marks. The proposed objective of ACTA is to establish a common standard for intellectual property rights, particularly in the context of counterfeiting and piracy. The provisions of ACTA are expected to be organised into three main categories:
(i) International Cooperation, including sharing information and cooperation between law enforcement authorities, including Customs and other relevant agencies;
(ii) Enforcement Practices that promote strong intellectual property protection in cooperation with right holders and partners and fosters a climate of active and effective enforcement; and
(iii) A Legal Framework, that contains provisions designed to ensure that authorities and right holders have appropriate tools for strong intellectual property rights enforcement. The legal framework is proposed to include measures concerning: criminal enforcement; border measures; civil enforcement; large-scale optical disc production; internet distribution; and circumvention of technology protection measures.
Lead Agencies:
Ministry of Economic Development, New Zealand Customs Service and Ministry of Foreign Affairs and Trade
Status:
Plurilateral. While negotiations commenced in June 2008 and were expected to conclude by the end of 2008, negotiations are now expected to conclude in 2010.
Particular interest to Maori and other groups:
ACTA is unlikely to have any impact on Maori interests, except Maori businesses who own copyright and/or trademark rights.
Likely interest groups are expected to include New Zealand businesses that own copyright and trademark rights and intellectual property rights professionals, such as: trade mark agents; patent attorney firms; New Zealand Institute of Patent Attorneys; law practitioners and law firms that provide advise on copyright and trade mark protection; and the New Zealand Law Society.Legislation required:
Not yet clear
Contact:
George Wardle
Senior Analyst
Intellectual Property Policy Team
Ministry of Economic Development
Ph (04) 474 2196 Fax (04) 499 1791
The Singapore Treaty applies to the procedures governing the registration and maintenance of trade marks. The Singapore Treaty will not apply to collective trade marks nor certification trade marks.
The aim of the Singapore Treaty is to make national trade mark registration systems more user-friendly through the simplification and harmonisation of procedures before a national trade mark office. The Treaty will provide a range of standards and rules concerning what a trade mark office can require and, in particular, cannot require from the trade mark owner, applicant or other party in the following areas:
(i) Trade mark applications;
(ii) Communications with a trade marks office;
(iii) Change in names and address;
(iv) Changes in ownership;
(v) Correction of mistakes;
(vi) Duration and renewal of registration;
(vii) Relief measures in case of failure to comply with a time limit;
(viii) Recording of licences; and
(ix) Observations in Case of Intended Refusal.
Lead agency:
Ministry of Economic Development
Status:
Multilateral. Text adopted in March 2006. New Zealand signed the Singapore Treaty on 26 September 2006. Parliamentary treaty examination was completed on 16 November 2006. The Trade Marks (International Treaties and Enforcement) Amendment Bill 2008 to implement the Treaty passed its first reading and was referred to the Foreign Affairs, Defence and Trade Committee on 7 April 2009.
Website:
World Intellectual Property Organization (WIPO) - Singapore Treaty on the Law of Trademarks more [external link]
Particular interest to Maori and other groups:
No impact on Maori interests in anticipated.
A discussion paper entitled International Trade Mark Treaties was published in March 2006 by the Ministry of Economic Development. A wide range of interested businesses, trade mark professions and interested parties, including Maori businesses and groups with an interest in intellectual property law, were invited to make a submission on whether New Zealand should become party to the Singapore Treaty. Targeted workshops explaining the standards and rules of the Singapore Treaty were held in Auckland, Wellington and Christchurch on 23, 24 and 25 November 2005.
Principal stakeholders likely to be interested in New Zealand becoming party to the Madrid Protocol are both New Zealand and overseas businesses as well as trade mark professionals, such as: trade mark agents; patent attorney firms; New Zealand Institute of Patent Attorneys, Inc; law practitioners and law firms that provide advice on trade mark protection and the New Zealand Law Society.
Legislation required:
Yes.
Contact:
George Wardle
Senior Analyst
Intellectual Property Policy Team
Ministry of Economic Development
george.wardle@med.govt.nz
Ph (04) 474 2196 Fax (04) 499 1791
The objective of the Madrid Protocol is to facilitate the protection of trade marks by reducing the compliances associated with applying overseas for trade mark protection and maintaining that protection. The Madrid Protocol provides an international registration regime for trade marks. Trade mark owners may apply to register a trade mark or maintain their registrations of trade marks in any number of the Member countries without the need to employ a trade mark agent in each country.
New Zealand’s obligations under the Madrid Protocol would be principally managed by the Intellectual Property Office of New Zealand (IPONZ).
Lead agency:
Ministry of Economic Development
Status:
Multilateral. The Madrid Protocol entered into force internationally on 1 December 1995. Parliamentary treaty examination was completed on 16 November 2006. The Trade Marks (International Treaties and Enforcement) Amendment Bill 2008 to implement the Madrid Protocol passed its first reading and was referred to the Foreign Affairs, Defence and Trade Committee on 7 April 2009. It is expected that the Madrid Protocol will enter into force for New Zealand in the latter half of 2010 following development of the necessary regulations to give effect to the Madrid Protocol procedures.
Website:
World Intellectual Property Organization (WIPO) - Administered Treaties more [external link]
Particular interest to Maori and other groups:
A discussion paper entitled International Trade Mark Treaties was published in March 2006 by the Ministry of Economic Development. A wide range of interested businesses, trade mark professions and interested parties, including Maori businesses and groups with an interest in intellectual property law, were invited to make a submission on whether New Zealand should join the Madrid Protocol. Targeted workshops explaining the international registration regime for trade marks under the Madrid Protocol were held in Auckland, Wellington and Christchurch on 23, 24 and 25 November 2005.
Principal stakeholders likely to be interested in New Zealand becoming party to the Madrid Protocol are both New Zealand and overseas businesses as well as trade mark professionals, such as: trade mark agents; patent attorney firms; New Zealand Institute of Patent Attorneys, Inc; law practitioners and law firms that provide advice on trade mark protection and the New Zealand Law Society.
Legislation required:
Yes. Accession to the Protocol requires a Bill to amend the Trade Marks Act 2002.
Contact:
George Wardle
Senior Analyst
Intellectual Property Policy Team
Ministry of Economic Development
george.wardle@med.govt.nz
Ph (04) 474 2196 Fax (04) 499 1791
The Nice Agreement provides an international classification system of goods and services for the purposes of registering trade marks (the “Nice Classification”). Those countries party to the Nice Agreement must adopted and apply the Nice Classification in relation to the registration of trade marks. While New Zealand is not party to the Nice Agreement, the Intellectual Property Office of New Zealand (IPONZ) uses the Nice Classification for the registration of trade marks. The use of the eighth edition of the Nice Classification is required under the Trade Marks Regulations 2003.
Lead agency:
Ministry of Economic Development
Status:
Multilateral. The Nice Agreement entered into force internationally on 8 April 1961 and has subsequently been revised. Parliamentary treaty examination was completed on 16 November 2006. The Trade Marks (International Treaties and Enforcement) Amendment Bill 2008 to implement the Agreement passed its first reading and was referred to the Foreign Affairs, Defence and Trade Committee on 7 April 2009.
Website:
World Intellectual Property Organization (WIPO) - International Classification of Goods and Services for the Purpose of the Registration of Marks more [external link]
Particular interest to Maori and other groups:
A discussion paper entitled International Trade Mark Treaties was published in March 2006 by the Ministry of Economic Development. A wide range of interested businesses, trade mark professions and interested parties, including Maori businesses and groups with an interest in intellectual property law, were invited to make a submission on New Zealand’s accession to the Nice Agreement. Targeted workshops explaining the Nice Agreement were held in Auckland, Wellington and Christchurch on 23, 24 and 25 November 2005.
Principal stakeholders likely to be interested in accession to the Nice Agreement are New Zealand and overseas businesses as well as trade mark professionals, such as: trade mark agents; patent attorney firms; New Zealand Institute of Patent Attorneys, Inc; law practitioners and law firms that provide advice on trade mark protection and the New Zealand Law Society.
Legislation required:
Yes. Accession to the Agreement requires an amendment to the Trade Marks Act 2002. It is anticipated that an amendment to the Trade Marks Regulations 2003 may also be necessary to allow the Commissioner of Trade Marks to initiate the conversion of around 1,300 old trade mark registrations into the Nice Classification.
Contact:
George Wardle
Senior Analyst
Intellectual Property Policy Team
Ministry of Economic Development
george.wardle@med.govt.nz
Ph (04) 474 2196 Fax (04) 499 1791
The purpose of the SPLT is to harmonise matters of substantive patent law, that is, matters relating to the criteria for granting a patent. The objective of harmonisation is to reduce the costs for applicants applying for patents in many countries. At present, differences in substantive patent law between countries mean that different patent specifications have to be drawn up for different countries, and the scope of patent rights granted for the some invention can vary between countries. This can add significantly to applicants’ costs. New Zealand would not be obliged to become party to the SPLT (when and if it is concluded). It may be, though, that becoming party could be a condition of future Free Trade Agreements involving New Zealand.
Lead agency:
Ministry of Economic Development
Status:
Multilateral. Negotiations on the SPLT have stalled, largely due to differences between developed countries and developing countries. There have been no substantive negotiations on SPLT since 2004, and it is unlikely that negotiations will resume in the near future.
Website:
World Intellectual Property Organization (WIPO)- Adminstered Treaties more [external link]
Particular interest to Maori and other groups:
Harmonisation of substantive patent law through a Substantive Patent Law Treaty may impact on Maori interests in the protection of traditional knowledge, and in the issues surrounding the granting of patents over indigenous plants and animals.
Interest among other stakeholders include: New Zealand Institute of Patent Attorneys; Researched Medicines Industry Association of New Zealand; Crown Research Institutes; Universities; Internet Society of New Zealand; NZBio; Fonterra and Pharmac.
Legislation Required:
Yes. If the SPLT is eventually concluded, and New Zealand accedes to it, it is likely that legislation amending the Patents Act will be required.
Contact:
Warren Hassett
Senior Analyst
Regulatory and Competition Policy Branch
Ministry of Economic Development
warren.hassett@med.govt.nz
Ph (04) 474 2830
Fax (04) 499 1791
