Legislative Implications
44. There are no legislative implications involved in the release of the attached discussion paper. If a decision was taken to accede to either the Madrid Protocol or the Trademark Law Treaty, amendments to both the Trade Mark Act 2002 and associated Regulations would be required.
45. If a decision was taken to accede to the Nice Agreement, an amendment may be necessary to the Trade Marks Regulations 2003 in order to give the Commissioner of Trade Marks the power to initiate conversion of the 1,500 old trade mark registrations not classified under the Nice Classification.
46. These treaties do not seek to harmonise substantive trade mark law and accession to them would not therefore impact on New Zealand's ability to achieve specific policy objectives in the area of trade marks.
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