Accession to International Trade Mark Treaties
On 8 March 2006 a discussion paper entitled International Trade Mark Treaties was released. The purpose of the discussion paper was to invite submissions from businesses, trade mark owners, trade mark licensees, patent attorneys, law practitioners, trade mark agents and members of the public on whether New Zealand should join the Madrid Protocol [link to WIPO website], the Nice Agreement [link to WIPO website] and the Singapore Treaty [link to WIPO website] and possible legislative changes that might be necessary to implement the obligations contained in these treaties.
The discussion paper also invited submissions on whether section 81 of the Trade Marks Act 2002, which provides that a person may request the Commissioner of Trade Marks to provide a certificate that states whether or not a proposed assignment or transmission ownership of title to a trade mark is likely to deceive or confuse, should be repealed.
The discussion paper makes reference to a proposed Trademark Law Treaty 2006. This proposed treated was subsequently adopted after the release of the discussion paper as the Singapore Treaty on the Law of Trademarks. The closing date for submissions in relation to the matters raised in the discussion paper was 24 April 2006.
Government's Decisions on Accession
The Associate Minister of Commerce announced on 10 August 2006 that the government was looking to reduce compliance costs for registering trade marks through joining the Madrid Protocol, Nice Agreement and the Singapore Treaty.
The government has also agreed to several changes being made to the Trade Marks Act as part of the process of accession. Section 81 which provides that the Commissioner may on request issue a certificate that states whether a proposed assignment or transmission of a trade mark is likely to deceive or confuse, is to be repealed. Furthermore, the provisions governing the voluntary registration of a person as a licensee of a trade mark under sections 83 to 87 are also to be repealed, along with the subsequent removal of all existing licensee registrations from the trade marks register.
International Trade Mark Treaties Discussion Paper: Summary of Submissions Received
[ Published 14 July 2006 ]
Nine submissions were received from eight submitters.
Submissions
Submissions on International Trade Mark Treaties: A Discussion Paper. Released: 28 July 2006.
International Trade Mark Treaties: A Discussion Paper
[ Published 08 March 2006 ]
This discussion paper considers whether New Zealand should accede to a number of multilateral trade mark treaties administered by the World Intellectual Property Organization. Consultation closes 24 April 2006.
Accession to International Trade Mark Treaties: Cabinet Documents
Cabinet documents about New Zealand joining international trade mark treaties.
Accession to International Trade Mark Treaties: Regulatory Impact and Business Compliance Cost Statements
RISs/BCCSs issued around New Zealand joining international trade mark treaties.
Media Statements
Media statements about New Zealand joining international trade mark treaties.
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