Foreword
In putting forward the government's innovation strategy, the Prime Minister has stressed the need to enhance the innovation system. As the Prime Minister noted, an important element of this is enhancing New Zealand's intellectual property framework. This review of the Patents Act 1953 will contribute to the government's goal of growing an innovative New Zealand and will help to ensure that New Zealand gains the greatest value from its innovations.
A modern patent system is essential if New Zealand innovators are to have the incentive to invest in research and development. A modern patent system is also necessary to encourage the transfer of technology to New Zealand by overseas innovators, so that New Zealand businesses have access to the technology and know-how needed to compete effectively in international markets.
The Patents Act 1953 is nearly fifty years old and is in need of a substantial overhaul. In August 2000, the government agreed to a three-stage review of the Act to take account of the social and technological changes since the Act was passed. Stages 1 and 2 of the review, which have already been completed, dealt with technical and operational changes to the Act for which substantial agreement has already been reached.
Stage 3 of the review considers a number of issues that have arisen since the Act was passed and that it does not adequately address. These include the Act's definition of invention and its ability to deal with new technologies, whether or not there should be exclusions to patentability, and the patentability of medical treatments, computer software and business methods.
The concerns of Māori and others regarding the granting of patents for plants and animals, and for inventions involving genetic material and genetic modification also need to be considered. Māori concerns regarding the granting of patents for inventions involving traditional knowledge will be explored.
These issues have been the subject of considerable public debate, both in New Zealand and overseas. The government has therefore decided to release this discussion document seeking public input before making any final decision on these matters.
We would welcome your submissions on the matters discussed in the document as a first step in the government's consideration of these issues.
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Hon Laila Harre
Associate Minister of Commerce | Hon Paul Swain
Minister of Commerce |
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