Submissions Made
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
2024
16 February 2024 - EU FTA GIs
NZIPA's submission on European Union Free Trade Agreement Legislation Amendment Bill
2023
9 February 2023 - Competition Law
6 March 2023 - Geographical Indications
8 August 2023 - Designs
NZIPA's submission to IP Australia on Designs Reforms
2022
2 February 2022 - TTIPAB Review
NZIPA's submission to MBIE on TTIPAB Review
20 May 2022 - Plant Variety Rights Regulations
NZIPA's submission on exposure draft of the Plant Variety Rights Regulations 2022
2021
25 August 2021 -Plant Variety Rights Fee Structure
NZIPA's submission on IPONZ's Targeted Consultation Paper on Modernising the Plant Variety Rights Fee Structure
2020
31 August 2020 - Improving Access to Civil Justice
19 October 2020 - Plant Variety Rights
2019
20 January 2019 - Protection of Indigenous Knowledge in the Intellectual Property System
1 April 2019 - Review of section 36 of the Commerce Act 1986 and other matters
5 April 2019 - Response to the Discussion Paper on Review of the Copyright Act 1994
28 April 2019 - Regulatory Systems (Economic Development) Amendment Bill (No 2)
31 May 2019 - Comments on draft Practice Note on Ownership of Files
2 August 2019 - Response to the Discussion Paper on Intellectual Property Laws Amendment Bill - Patents Act 2013, Trade Marks Act 2002, Designs Act 1953
9 September 2019 - Response to the OptionsPaper entitled ‘Review of the Plant Variety Rights Act 1987’.
2018
1 June 2018 - Research & Development Tax Incentive Discussion Document
15 June 2018 - The Hague Agreement Concerning the International Registration of Industrial Designs
30 July 2018 - IPONZ Fees Review
31 August 2018 - Exposure draft of the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2018 and Explanatory Memorandum to the Amendment Bill
7 November 2018 - MBIE's Research, Science and Innovation System Performance Report 2018
21 December - Disclosure of Origin
21 December - Plant Variety Rights Act 1987
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
2 June 2017 - Submission to TTIPAB - Code of Conduct review
Submission to TTIPAB Code of Conduct Review
28 September 2017 - Further submission to TTIPAB - Code of Conduct review
Further submission to TTIPAB Code of Conduct review
20 November 2017 - Third submission to TTIPAB - Code of Conduct review
Third submission to TTIPAB Code of Conduct review
24 November 2017 - Public consultation on proposed reforms to Australia's IP arrangements
· Amending inventive step requirements for Australian patents
· Introducing an objects clause into the Patents Act 1990
· Introducing divisional applications for international trade marks.
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.
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
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 Regulations8 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.