NEW ZEALAND LEGISLATION & IPONZ BUSINESS RELATIONS COMMITTEE

OBJECTIVES OF THE COMMITTEE

The New Zealand IP Legislation & IPONZ Business Relations Committee’s objective is to monitor the development of Intellectual Property legislation in New Zealand as it relates to patents, trade marks and designs, including the interpretation of that legislation by IPONZ and the New Zealand Courts.

The New Zealand IP Legislation & IPONZ Business Relations Committee is charged with the following responsibilities:

•   Monitoring legislation changes that have potential to impact on the New Zealand patent, trade mark, and design systems, including the Acts and Regulations thereof.

•   Taking part in consultations with IPONZ, the New Zealand Government, NZIPA, and other bodies charged with the responsibility of reviewing aspects of NZ IP legislation, to ensure that the views of IPTA members and their clients are taken into account before any legislation changes are implemented. This includes attending IPONZ Technical Focus Group meetings for Patent Prosecution, Trade Marks and Hearings, on behalf of the IPTA council, and any preparation and filing of submissions as may be appropriate on behalf of IPTA.

•   Monitoring changes in practice within IPONZ relating to interpretation of legislation that has potential to impact patent, trade mark and design applicants, patentees and third parties.

•   Working in cooperation with other IPTA committees to develop and implement strategies for raising concerns with IPONZ to ensure that any adverse or potentially adverse impact on users of the IP system resulting from such changes in practice is minimised or avoided.

•   Monitoring New Zealand court decisions and case law development to ensure that they support strong protection for registered IP protection in New Zealand as balanced against the legitimate interests of the public and third parties, identifying areas where New Zealand IP legislation might need to be amended or interpreted differently to ensure a strong and fair patent system is maintained, raising any such concerns with NZIPA, IPONZ and the New Zealand Government and working with them to achieve any necessary change.

•   Monitoring International patent law developments in cooperation with the International Patents Committee and making representations or submissions on behalf of IPTA to minimise or avoid the possibility that such developments will necessitate changes to New Zealand legislation that will have an adverse impact on patent applicants and patentees (or third parties).

MEASURABLE GOALS

The measurable goals of the New Zealand IP Legislation & IPONZ Business Relations Committee include:

•   Attendance at consultation meetings organised by IPONZ and/or the Government or other bodies charged with the responsibility of reviewing aspects of New Zealand IP legislation as it relates to patents, trade marks and designs including attendance at IPONZ Prosecution and Hearings Technical Focus Group meetings

•   Submissions drafted and filed within deadlines provided

•   Changes made to proposed legislation or practices of IPONZ, new legislation or IPONZ practices introduced or changed as a result of  work of committee