The New Zealand Institute
of Patent Attorneys, Inc

Submissions made by the Institute

We regularly make submissions on various legislative and other matters. For each submission the council will organise a working group with experienced members to put forward their views.

Submissions Filed on Behalf of the Institute

2017

3 February 2017 - Australian Intellectual Property Laws Amendment Bill 2017

Submission to IP Australia on Intellectual Property Laws Amendment Bill 2017

11 April 2017 - Income Tax - Treatment of New Zealand Patents

Submission to Inland Revenue Department on Income tax - Treatment of New Zealand Patents

9 May 2017 - Submission to .nz WHOIS review

We are grateful to Deborah Kessell-Haak for her assistance in preparing this submission.

Submission to New Zealand Domain Name Commissioner



2016

26 January 2016 - Submission to .nz WHOIS review

The Domain Name Commission (DNCL) undertook a review of the current .nz WHOIS policy and how it operates. In Stage 1 DNCL sought submissions on why registrant data should, or should not, be collected and then accessible by way of a WHOIS search. Stage 2 sought comment on the information disclosed in response to a WHOIS search, who disclosures should be made to and how information should be provided.

NZIPA submitted on Stage 2 on 29 January 2016. The main points of our submission were:

· Acknowledge an enforcement/protective purpose of the WHOIS database service

· Individuals and organisations should be treated the same

· No difference in approach based on trading status of registrant

· Provide for special circumstances for certain individual non-commercial registrants

· Don’t allow proxy registration services.

We are grateful to Deborah Kessell-Haak for her assistance in preparing this submission.

Submission to New Zealand Domain Name Commissioner

26 February 2016 - Submission on Marrakesh Treaty

The Commerce Minister Paul Goldsmith on 30 October 2015 released a discussion document which sought feedback on whether New Zealand should join an international treaty aimed at making more published material available for people with print disabilities, namely The Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled.

NZIPA provided submissions on 26th February 2016. The main points of our submission were that:

· NZIPA is generally supportive of increasing the access to published works within New Zealand for people with a print disability.

· NZIPA proposed that Option 3 as put forward in the discussion document be adopted. Option 3 being joining the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled and make the necessary amendments to align with obligations and facilitate cross-border exchange as well as consider other changes to improve the operation of the exception within the frame work allowed for by the Treaty.

· NZIPA recommended that the other legislative and regulatory changes to improve the operation of the exceptions within the frame work allowed for by the Treaty at least include and/or be explicitly clear:

i. as to whom constitutes persons who are blind, visually impaired or otherwise print disabled persons;

ii. as to whom can provide access to the published works;

iii. that those providing the access to the published works are doing so on a not-for-profit basis;

iv. the commercial availability test is applicable to cross-border exchange;

v. as to the remedies available to holders of Intellectual Property (IP) in the published works for breaches of the Treaty and/or the holders of IP rights; and

vi. that the commercial interests of the holder of IP in the published work are not compromised and/or not diminished.

Submission to MBIE on Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled


24 March 2016 - Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill

Submission on Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill


30 March 2016 - Implementation of the Trans-Pacific Partnership Intellectual Property Chapter - Targeted Consultation Document

Submission on TPP Intellectual Property Chapter

29 April 2016 - Geographical Indications Bill

The Geographical Indications (Wine and Spirits) Registration Amendment Bill amends and brings into force the Geographical Indications (Wine and Spirits) Registration Act 2006 (the Act).

We supported in principle the enactment of the Act and the proposed amendments.

We agreed with the proposed amendments:

- deeming specific GIs as enduring GIs;

- adding a clause denying registration of a GI likely to offend a significant section of the community including Maori; and

- requiring 100% of grapes (rather than 85%) to have been harvested in NZ.

We did not specify a preference on, but did discuss, whether the GIs should be perpetually registered or subject to renewals.

We did not agree with the proposed amendment of registered GIs and suggested that this should only be possible in limited specified circumstances.

Submission to Primary Production Select Committee on Geographical Indications Bill

2 May 2016 - Submission to IP Australia

Submission to IP Australia on Cost Recovery Implementation Statement

7 June 2016 - Submission to Domain Name Commissioner

Submission to Domain Name Commissioner on WHOIS - round three

We are grateful to Deborah Kessell-Haak for her assistance in preparing this submission.

24 June 2016 - Exposure Draft regulations for the trans-Tasman Patent Attorney Regime

Submission to IP Australia on Exposure Draft of the Intellectual Property Legislation Amendment (Single Economic Market) Regulation 2016


22 July 2016 - TPP Amendment Bill

Submission on TPP Amendment Bill


26 July 2016 - Geographical Indications Regulations

In terms of implementing the GI Act, these regulations are largely based on the Trade Marks Regulations 2003. When it comes to proceedings, these regulations are more closely aligned to thePatents Regulations 2014. Our submissions largely related to consistency and simplicity in proceedings and sought to clarify the intent of some provisions. For example, the regulations appear to be introducing a requirement of locus standi for oppositions which is not in line with Trade Mark or Patent legislation. Other issues we commented upon is the duration of extensions allowed for responding to a notice of non-compliance for an application and for filing a Notice of Opposition.The exposure draft also covered options for the renewal time frame and fee structure which is set significantly higher than the current fee structure for trade marks and patents. In light of the funding requirements to set up and maintain the Register, we have agreed that a renewable right rather than a perpetual registration is appropriate.Submission on GI Regulations


8 August 2016 - Patent Term Extension Regulations

Submission on Patent Term Extension Regulations


31 October 2016 - Divisional Patent Applications

Submission on Divisional Patent Applications

8 November 2016 - Submission to Domain Name Commissioner

Submission to the Domain Name Commissioner on WHOIS - round 4

We are grateful to Deborah Kessell-Haak for her assistance in preparing this submission.

16 December 2016 - Input into "Copyright and the Creative Sector" report by MBIE

NZIPA was involved in workshops MBIE held during their study into the role of copyright and designs in the creative sector. MBIE's report can be found here.






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