Executive Summary
2. This is the first of two papers reporting back on submissions received in response to the government's discussion paper International Trade Mark Treaties. This paper considers whether New Zealand should become party to the Singapore Treaty on the Law of Trademarks ("the Singapore Treaty"), and a second paper will consider the Nice Agreement and the Madrid Protocol.
3. The aims of the Singapore Treaty are to make national trade mark registration systems more user-friendly and to reduce business compliance costs for trade mark owners. The Singapore Treaty endeavours to achieve these aims through the simplification and international harmonisation of national registration procedures. The Singapore Treaty is process-related and does not seek to harmonise substantive trade mark law. Becoming a party would not, therefore, impact on the government's ability to achieve specific policy objectives in the trade marks area, such as responding to Treaty of Waitangi claims.
4. The Trade Marks Act 2002 ("the Trade Marks Act") already complies with most of the requirements of the Singapore Treaty. Becoming a party would, however, require some minor amendment to the Trade Marks Act and Trade Mark Regulations 2003.
5. Approval is sought for New Zealand to sign the Singapore Treaty and subsequently ratify it after the parliamentary treaty examination process has been undertaken and amendments made to the Trade Marks Act and Regulations to implement the provisions of the treaty. This paper also seeks agreement for drafting instructions to be prepared to amend the Trade Marks Act to conform to the requirements of the Singapore Treaty.
6. The paper also considers a matter that has arisen since the Trade Marks Act came into force concerning the assignment of trade marks. It appears that the ability of the Commissioner of Trade Marks to certify whether or not a proposed assignment of trade mark is likely to deceive or confuse is of no value or benefit to trade mark owners and therefore is redundant. Approval is sought to repeal this provision.
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