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• Part Three: Recommendations

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Focus Group's Recommendations

As well as providing information for the Ministry, the Focus Group suggested the following options for reform of the patents system:

1. Facilitate and promote an effective process for working with claimants and iwi on the resolution of claims to ownership, use, control and protection rights with respect to life forms such as indigenous plants and animals.
2. Amend the principles of the Patents Act to require decision-makers to recognise and provide for Treaty of Waitangi and Maori interests and values in the granting of patents. Options for this could include:
   1. Insertion of a Treaty clause such as "all persons exercising any functions or powers under this Act shall take into account the Treaty of Waitangi."
   2. Inclusion of Maori concerns, values, relationships with other life forms, whakapapa, or other traditional customs and values as "matters to be considered".
3. Amend the Patents Act in general to better respond to Maori concerns. Options for this could include:
   1. Exclusion of certain life forms such as humans and parts of humans, or highly significant species from the list of things able to be the subject of a patent.
   2. Add a qualification on the rights granted in a patent to make these rights subject to the provisions of any statute or regulation for the time being in force [or recommendation of the Waitangi Tribunal].
   3. Inclusion in the objection/revocation clauses of the Patents Act:
      1. A new ground for objection to, or revocation of, a patent as "contrary to Maori values and interests" .
      2. Express recognition of iwi authorities as "any person interested" to ensure their standing as affected parties whose views must be sought and considered.
4. Amend the Intellectual Property Office practice to require practical input from iwi into the decision making process for granting patents. Options for this could include:
   1. requiring applicants to disclose the origins of knowledge, processes/products in their applications;
   2. requiring applicant, to demonstrate, where applicable, Maori input into their application for patents;
   3. requiring the Commissioner of Patents to demonstrate, where applicable, Maori input into their decisions to grant patents.