table of contents
New Zealand
New Zealand overview
Land area:
270,534 square kilometers (approximately three-quarters of Japan)
population:
Approximately 4.95 million people (2019 census)
People:
The majority are of European descent (74%).
Main industries:
It is an economy that relies on exports of primary products and is highly dependent on trade.
Primary products, which are highly productive and internationally competitive, account for around 60-70% of exports, with dairy products, meat, forest products, and machinery being the main products.
Recently, he has also been focusing on science and technology fields, including biotechnology.
New Zealand's major trading partners (2017 NZ Bureau of Statistics)
(1) Export from New Zealand
China (23%), Australia (16%), USA (10%), Japan (6%)
(2) Export to New Zealand
China (19%), Australia (12%), USA (11%), Japan (7%)
cultural relations
i. Approximately 30,000 people are studying Japanese in New Zealand schools (elementary, junior high and high schools) (NZ Ministry of Education in 2017)
ii. The number of international students from Japan to New Zealand is 11,210 (2017 Education NZ Statistics)
iii. The number of travelers (Japanese) was 101,552 (NZ Bureau of Statistics, 2017).
Overview of New Zealand intellectual property law
Jurisdiction: Intellectual Property Office of New Zealand (IPONZ)
Participating industrial property rights related treaties, etc.
- Paris Convention
- Patent Cooperation Treaty (PCT)
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms
- WIPO Establishment Treaty (WIPO Treaty)
- Agreement Establishing the World Trade Organization (WTO)
- International Convention for the Protection of New Varieties of Plants (UPOV) Convention
patent system
Application route
It is possible to apply through the PCT and Paris routes.
Documents required for application
- Application
- complete statement
- Provisional specification (a provisional specification is a written specification that explains the concept of the invention)
(If you have submitted a provisional specification, you should, in principle, submit a complete specification within 12 months from the filing date. Also, if a complete specification is not submitted, the application will be deemed abandoned. Masu.) - claim
- Drawings (if necessary)
Application publication
There is an application publication system (applications are published 18 months after the application date).
Opposition before grant of patent
After the application is published, it is possible to file an opposition on the grounds of lack of novelty, inventive step, etc. However, this is limited to matters related to the contents of the complete statement.
Examination
There is an application examination request system. Requests must be made within five years from the filing date.
Substantive examination will be conducted for applications that meet the formal requirements.
If reasons for refusal are found, an examination report will be issued.
If you receive an examination report, you must resolve all reasons for refusal within 15 months from the date of issue of the examination report (this period is called the Acceptance Due Date).
Upon receiving the examination report, the applicant may amend the specification, etc. or submit a written opinion.
As a result of the examination, if it is determined that the application is in a state where it can be patented, a Notice of Acceptance will be issued.
Please note that it is possible to correct errors or omissions even after the application acceptance notice has been issued.
Post-grant opposition and request for reexamination
Any person can file an opposition after a patent is granted. Additionally, after a patent right is established, a request for reexamination can be filed.
Duration of patent right
20 years from the patent application date.
Cancellation of patent rights
Interested parties may apply for cancellation of patent rights.
Others
About TPP (Trans-Pacific Partnership Agreement)
The TPP's predecessor is the Free Trade Agreement (FTA) concluded in 2006 by four countries: New Zealand, Singapore, Chile, and Brunei.
Homepage by the New Zealand GovernmentThe text (full text) of the TPP agreement has been published.
In New Zealand, there is a five-year protection period for drug data because we want to popularize inexpensive generic drugs. Under the TPP, New Zealand is required to continue the protection period mentioned above.
In New Zealand, there is a provision to extend the patent term of a drug if there is an unreasonable delay in the safety and efficacy approval process operated by the New Zealand Ministry of Health (Medsafe). is required.
New Zealand believes that a patent linkage system (a mechanism to check valid patents when approving generic drugs) is necessary. However, it is not necessary to adopt the model of patent linkage system adopted by other countries participating in TPP negotiations.
New Zealand also requires ensuring sufficient time and opportunity to seek a preliminary injunction to resolve patent disputes before generic medicines can be marketed.
(NEW ZEALAND MINISTRY OF FOREIGN AFFIRS and TRADE (From an article published in )
design system
Designs protected under the design system
A design is a design that is composed of new or original shapes, outlines, patterns, or decorative features that are applied to articles by industrial methods and that have visually appealing features. Items that consist only of the functional characteristics of articles, or items that relate to methods or principles of construction are not subject to protection.
・One design per application system
・The design of the composition, GUI (Graphical User Interface), and icons are also protected under certain conditions.
Application route
It is possible to apply via the Paris route. The priority period is 6 months from the filing date.
Documents required for application
- Application form (Documents must be written in English.)
- Drawings or photographs (perspective view, front view, rear view, side view, top view, bottom view)
- Statement of Novelty
- power of attorney
- Priority certificate (within 2 months from application date)
Application publication
There is no application publication system.
Examination
An initial review will occur within 15 business days from the date the application is received.
Period for responding to reasons for refusal: Within 12 months (can be extended by 3 months)
If the reasons for refusal are resolved, a registration certificate will be issued and announced.
If the reasons for refusal are not resolved, you can request a hearing.
*Substantive examination: The design in the design application must be original within New Zealand on the filing date or priority date.
*Designs related to the following items cannot be registered.
- (i.) Sculptures other than molds or models that are used or planned to be used as models or molds produced in large quantities by industrial methods;
- (ii.) Wall plaques and insignia.
- (iii.) Printed matter of a literary or artistic nature, including:
Book covers, calendars, certificates, coupons, dressmaking patterns, greeting cards, flyers (advertisements), maps, blueprints, postcards, stamps, business advertisements, transaction documents, cards, reproductions, etc.
Exception to loss of novelty
Who has the right to register a design?disclosure against one's willas well as,Publication at international or industrial exhibitions as announced by the Director-GeneralThe lack of novelty exception applies in these cases.
Objection
There is no objection system.
Registration
The validity period is 5 years from the filing date.
Thereafter, by paying the registration fee every five years, your application will be protected for up to 5 years from the filing date.
Others
The partial design system has not been adopted. However, the part for which design registration is sought is drawn with a solid line, and the other parts are drawn with broken lines, and the solid line part is described as the novel part in the "Statement of Novelty", and the partial design is You can obtain design registration for the part for which you wish to obtain design registration.
It is not a member of the Hague Agreement.
Although it is not a member of the Locarno Agreement, it uses the Locarno classification.
The Design Law was revised in 2011.
Main amendments: Applicants can now delay the issuance of a registration certificate upon request for up to 15 months from the date of filing.
secret design system
In 2011, the Design Act was amended to allow applicants to delay publication of their designs for up to 15 months from the filing date upon request.
Protection of unregistered designs
Although there are no protection provisions for unregistered designs, they may be protected by copyright under certain conditions.
trademark system
Types of trademark registration
You can register trademarks for characters, logos, colors, three-dimensional shapes, sounds, smells, or combinations of these.
Protection is available for goods, services, collective marks, certification marks, and series marks.
*There is no defensive mark registration system.
We use the one-trademark, multiple-classification system.
Application route
Applications can be made via the Paris route or the Madpro route.
Documents required for application
- 1. Application form (applicant address and name, international classification of goods and services)
- 2. Trademark expressions: English translation of foreign words and transliteration and translation of non-Roman characters in the trademark
*In the case of color trademarks, provide the necessary explanation to identify the color (Pantone code, etc.) and the designated product.
State in the application how the colors will be applied.
Examination
An initial review will occur within 15 business days from the date the application is received.
Response period to compliance report: 12 months from the filing date (extendable)
If the reasons for refusal are not resolved and the application is refused, you can request a hearing. Compliance reports are usually issued up to three times before a decision of refusal is made.
Main reasons for refusal
The following trademarks cannot be registered.
- Trademarks that are identical or similar to those widely known in New Zealand
- Trademarks that may cause misunderstanding or confusion, or offensive trademarks
- Exaggerated expressions (BEST, SUPER, etc.)
- descriptive trademark
- Geographical indications related to goods or services
- Trademarks containing or imitating designations of the Queen or Royal Family
- Trademarks including national flags, coats of arms, insignia, medals, etc.
- A trademark that is derived from a sign or symbol of the Maori community and is likely to cause offense to a significant portion of the Maori community.
Objection
An announcement will be made once the review is complete and registration is approved.
You can file an objection within three months from the date of publication.
Registration
After filing, you can receive registration within 6 months at the earliest.
The duration is 10 years (renewable every 10 years).
Non-use cancellation system
If a trademark is not used for three consecutive years after registration, it is subject to cancellation by an interested party.
Protection of geographical indications (enforced on July 2017, 7)
A Geographical Indication (GI) is a mark used on products that are produced in a particular region and have a certain quality, reputation or other characteristics associated with that region.
Geographical indications primarily indicate that a product is an authentic product produced in the region of origin, for example, products bearing the Champagne mark accurately represent sparkling wine produced in the Champagne region of France. , indicates that it has special quality.
In recent years, New Zealand wine has become increasingly popular on the global market, and wine regions such as Marlborough and Hawke's Bay have attracted attention, increasing the need for geographical indication protection.
Traditionally, in New Zealand, geographical indications have been protected by the Fair Trading Act 1986 and common law, which makes passing off a tort, and have been registered as collective marks or certification marks under the Trademarks Act. However, in November 2016, the Geographical Indication (Wine and Spirits) Amendment Bill passed its final deliberation in the Diet, and the Geographical Indication Law regarding wine and spirits came into effect on July 11, 2017. This means that wine and spirits manufacturers can now enjoy protected appellations of origin in New Zealand.
Others
The Trademark Law was amended in 2012 to join the Madrid Protocol, the Singapore Convention, and the Nice Agreement.
Exercise of rights
The following laws provide for the enforcement of rights and remedies for infringement of intellectual property rights.
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 Copyright Act and Trademark Act stipulate that criminal offenses related to copyright infringement and counterfeit goods related to registered trademarks are punishable by up to 5 years' imprisonment or a fine of up to NZ$150,000.
Under the provisions of the TRIPS Agreement, copyright holders, trademark holders, and licensees can apply for the customs seizure of suspected infringing goods. (However, this does not apply to personal imports and exports for personal use, etc.)
*The trademark owner must submit the necessary documents for the application and pay the customs fee of $5,000 required by the customs office for the suspension notice.
Comparison of patent systems between Australia and New Zealand
| Australia | New Zealand | ||
| treaty of paris | 〇 | 〇 | |
| WTO membership | 〇 | 〇 | |
| PCT | 〇 | 〇 | |
| EPC | × | × | |
| survival period |
Starting date | (Domestic patents) Application date of complete specification, (International applications such as PCT) International filing date. | |
| period | (regular application), 20 years, (additional patent) remaining period after the main patent, innovation patent (8 years) | ||
| Extension | None | None | |
| Unique patent system | Additional patents (improvements of the main patent). Innovation patent (a patent whose invention is at a lower level than the main patent) |
||
| Inventions that cannot be patented | Biological methods for creating humans and generations. Inventions that violate public order and morals. A substance that can be used as food or medicine. Mere mixture of known substances. A method of producing a substance that is simply a mixture. Plans, rules and methods of accomplishment for mental activities, playing games or doing business. | Mere information (work systems, document storage methods, mathematical formulas, arrangement of words and symbols), discoveries, and the treatment of people. | |
| Objection | March | March (1 month extension possible) | |
| Obligation to perform | Three years have passed since the patent. | Three years have passed since the patent. | |
Reference: General Incorporated Foundation, Economic and Industrial Research Council, Patent News, Published March 28, 3
Patent attorney advisor Minoru Goto