Location
CONTENTS
CONTACT

HARAKENZO
WORLD PATENT & TRADEMARK


OSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BLDG. 21 F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-6121,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4 F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:

To be opened
on March.1.2018

NAGOYA
OFFICE

GLOBAL GATE 9F, 4-60-12 HIRAIKE-CHO, NAKAMURA-KU, NAGOYA-SHI, AICHI 453-6109, JAPAN
TEL:+81-52-589-2581
(Main Number)
FAX:+81-52-589-2582
(Main Number)
E-Mail:


In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


Information on Major and Emerging Economic Powers
Patent engineering staff
specialized in patent affairs

Design/trademark staff
specialized in design /
trademark affairs


: Naoki FUMA

: Chiaki GOMITA



TOKYO TEL
: 81 - 3 - 3433 - 5810
OSAKA TEL
: 81 - 6 - 6351 - 4384
TOKYO FAX
: 81 - 3 - 3433 - 5281
OSAKA FAX
: 81 - 6 - 6351 - 5664
E-mail
:
E-mail
:
HIROSHIMA TEL
: 81 - 82 - 545 - 3680
NAGOYA TEL
: 81 - 52 - 589 - 2581
HIROSHIMA FAX
: 81 - 82 - 243 - 4130
NAGOYA FAX
: 81 - 52 - 589 - 2582
E-mail
:
E-mail
:
     
     

Intellectual Property Information Concerning New Zealand










New Zealand

1. Overview of New Zealand
  • Land Area:
    270,534 km2 (approximately three quarters of that of Japan)
  • Population:
    Approximately 4,240,000 (national census in 2013)
  • Ethnic Group:
    Mostly European descent (74%)
  • Major industry:
    The economy of New Zealand depends on exports of primary commodities and is highly dependent on trade.
  • Exports of primary commodities, which are productive and internationally competitive, account for approximately 60 to 70% of the total exports, and major industries of New Zealand are dairy products, meat, forestry products, and machinery.
    New Zealand recently focuses on, for example, a field of science and technology including biotechnology.


2. Major trading partners of New Zealand:
  • (1) Export from New Zealand
    China (19.9%), Australia (17.5%), the US (9.4%), Japan (5.9%)
  • (2) Import to New Zealand
    China (16.9%), Australia (12.2%), the US (11.6%), Japan (6.7%)


3. Cultural factors
  • i. Learners of Japanese in school (elementary school, middle school, and high school) in New Zealand: approximately 30, 000
                          (2014, educational institution in New Zealand)
  • ii. International students from Japan to New Zealand: 10,459
                          (2014, educational institution in New Zealand)
  • iii. Visitors (Japanese): 81,136     (2014, Statistics New Zealand)







1. Overview of Intellectual Property Law of New Zealand

1. Authorities concerned: Intellectual Property Office of New Zealand (IPONZ)

http://www.iponz.govt.nz/cms




2. Industrial property-related treaties etc. to which New Zealand has acceded:

  • Paris Convention
  • Patent Cooperation Treaty (PCT)
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms (Budapest Treaty)
  • Convention Establishing the World Intellectual Property Organization (WIPO Convention)
  • Agreement Establishing the World Trade Organization (WTO)
  • International Convention for the Protection of New Varieties of Plants (UPOV Convention)







2. Patent System

1. Application Route

Applications can be filed under the PCT or the Paris Convention.




2. Documents necessary for application

  • Application
  • Complete specification
  • Provisional specification
    (Note that when a provisional specification is filed, in principle, a complete specification is required to be filed within 12 months from the filing date of the application. If no complete application is filed, the application is deemed to have been abandoned.)
  • Claims
  • Drawings (if necessary)



3. Publication of patent application

There is a system for publication of an application (published after 18 months from the filing date of the application).




4. Opposition before grant of patent

After an application is published, an opposition can be filed for lack of novelty, inventive step, etc. The opposition shall be limited to matters related to a content of the complete specification.




5. Examination

  • There is a system for requesting examination. A request for examination is required to be filed within 5 years from the filing date of the application.
  • A substantive examination is carried out on an application which has met the formality requirements.
  • If matters that require attention before the application is accepted are found, an examination report is issued.
  • If matters that require attention before the application is accepted are found, an examination report is issued.
    In a case where an examination report is issued, all issues raised in the examination report are required to be overcome within 15 months from the issue date of the examination report (The due date is referred to as Acceptance Due Date)
  • If an applicant receives an examination report, the applicant can file an amendment to the specification etc. and a written argument.
  • If an application is determined to be patentable as a result of examination, a Notice of Acceptance is issued.



6. Opposition and request for reexamination after grant of patent

Any person can file an opposition after grant of patent. After the establishment of patent right, a request for reexamination can be filed.




7. Duration of patent

20 years from the filing date of the application




8. Revocation of patent

Interested parties can file a request for revocation of a patent.




9. Others

TPP (Trans-Pacific Partnership Agreement)
  • The TPP was originally a free trade agreement (FTA) signed between four countries: New Zealand, Singapore, Chile, and Brunei in 2006.
  • The New Zealand government announces text (full text) of the TPP Agreement on the website (http://tpp.mfat.govt.nz/).

  • New Zealand provides five years of data protection for pharmaceuticals for promoting low cost generics. TPP requires New Zealand to continue to provide five years of data protection for the pharmaceuticals.
  • New Zealand is required to extend the term of a patented pharmaceutical product if there are unreasonable delays in the safety and efficacy approval process run by Medsafe.
  • New Zealand will need to provide for "patent linkage" (a system in which an effective patent is examined when a generic version of the product is to be approved) but will not need to adopt the patent linkage models adopted in some other TPP countries.
  • ・ New Zealand will need to ensure that there is sufficient time and opportunity to seek preliminary injunctions to resolve patent disputes prior to a generic version of its patented medicine entering the market.
  • (based on the articles posted on the NEW ZEALAND MINISTRY OF FOREIGN AFFIRS and TRADE http://mfat.govt.nz/)







3. Design System

1. Designs to be protected under design system

A registrable design is the new or original features of shape, contour, pattern, or ornament that are applied to an article by any industrial methods and has features that appeal to the eye. Designs which are purely functional or relate to a method or principle of construction are not to be protected.




2. Application route

Applications can be filed under the Paris Convention. The priority period of an application is 6 months from the filing date of the application.




3. Documents necessary for application

  • Application (The documents are required to be written in English.)
  • Drawings or photographs (perspective view, front view, rear view, side view, plan view, bottom view)
  • Statement of Novelty
  • Power of Attorney
  • Priority Certificate (within 2 months from the filing date of the application)



4. Publication of application

There is no system for publication of an application.




5. Examination

  • The first examination is carried out within 15 working days from the date of receipt of an application.
  • Period for response to examination report: within 12 months (extendable for another 3 months)
  • If all issues raised in the examination report are overcome, a certificate of registration is issued and a notice is published.
  • If an applicant's response to the examination report does not overcome the issues, an applicant can request a hearing.



6. Opposition

There is no opposition system.




7. Registration

The duration is 5 years from the filing date of the application.

The design will be protected for 15 years at most from the filing date of the application by paying a registration fee every 5 years.




8. Others

There is no partial design system.

New Zealand is not a member of the Hague Agreement


The Designs Act was revised in 2011.

Major revisions: The revision allowed an applicant to make a request for delay of issuance of a certificate of registration up to 15 months from the filing date of the application.








4. Trademark

1. Types of trademark

Trademarks for words, logos, colors, three-dimensional shapes, sounds, smells, or any combination thereof can be registered.

Trademarks for goods and services, collective trademarks, certification trademarks, and a series of trademarks can be protected.

*There is no registration system for defensive trademarks.


One trademark application can be filed for two or more classes.




2. Application route

Applications can be filed under the Paris Convention or the Madrid Protocol.




3. Documents necessary for application

  • 1. Application (applicant's name and address, classification of goods or services in accordance with the international classification)
  • 2. Representation of trademark: English translation of non-English words in the trademark and transliteration and translation of characters other than Roman alphabet in the trademark



4. Examination

  • The first examination is carried out within 15 working days from the date of receipt of the application.
  • Period for response to compliance report: within 12 months from the filing date of the application (extendable).
  • If an applicant's response to the compliance report does not overcome the issues and a notice of rejection is issued, the applicant can request a hearing. Normally up to three compliance reports are issued before rejection.



5.Major reasons for rejection

A trademark cannot be registered if it:

  • Is the same as, or similar to, another trade mark that is well known in New Zealand
  • Is likely to mislead, confuse or is offensive.
  • Is a superlative (e.g. BEST, SUPER, etc.).
  • Is a descriptive term.
  • Is a geographical location associated with the good or service.
  • Contains a representation, or an imitation of any representation, of Her Majesty or any member of the Royal family.
  • Contains a representation of a flag, armorial bearing, insignia, or orders of chivalry.
  • Is a derivative of a sign or symbol of the Maori community and is likely to be offensive to most of the Maori community.



6. Opposition

When an examination is completed and an application for registration is accepted, the application is published.

An opposition can be filed within 3 months from the date of publication.




7. Registration

A trademark can be registered within minimum 6 months from the filing date of the application.

The duration is 10 years (extendable every 10 years).




8.Revocation for non-use

If a registered trademark is not in use continuously for 3 years, the registered trademark is to be cancelled as a non-use trademark by an interested party.




9. Others

The Trademarks Act was revised in 2012 for becoming a member of the Madrid Protocol, the Singapore Treaty, and the Nice Agreement.








5. Enforcement of Right


  • The following Acts establish the exercise of rights and an injunction for infringement of an intellectual property right.
    Consumer Guarantees Act 1993, Copyright Act 1994, Crimes Act 1961, Designs Act 1953, Fair Trading Act 1986, Layout Designs Act 1994, Patents Act 1953, Plant Variety Rights Act 1987, Trade Marks Act 2002
  • The Copyrights Act and the Trademarks Act provide that a criminal offense for infringement of copyright or a counterfeit of a registered trademark shall be punished by imprisonment with work for not more than five years or a fine of not more than NZ$150,000.
  • Under the provisions of the TRIPS Agreement, a copyright owner, a trademark owner, and a licensee can make a request for suspension of suspected infringing goods in customs.









Patent and Trademark Attorney


Patent&Trademark Attorney
Doctor of Engineering
Naoki FUMA
Naoki FUMA Area of expertise: Materials engineering
Main fields: information processing systems, general physical systems, semiconductor manufacturing equipment, optics, machinery, military and defense-related technologies, etc.

I aim to provide the best possible service to enable our clients to attain higher market value worldwide through their IP.
"HARAKENZO more" live in an age of rapid change, so I am committed to flexibility and being able to adapt to shifting circumstances. I hope to provide our clients with a service that will fully satisfy their needs and expectations.
Osaka Legal Department Design Division Manager
Patent&Trademark Attorney
Specialist
Chiaki GOMITA
Chiaki GOMITA Majored in Course of Environmental Economics, Department of Economics, Faculty of Economics

With my experience as a paralegal in charge of various intellectual property-related services for overseas clients in our Secretariat and Administration Department for residents abroad since 2006, I will try my best to provide our clients with fine-tuned services to meet various demands through my daily works.
PAGE TOP