41. It is recommended that the Committee
1. Note that:
1.1 the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks ("the Madrid Protocol") was adopted at Madrid on 27 June 1989; and
1.2 the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks ("the Nice Agreement") was adopted at Nice on 15 June 1957, and amended in 1967, 1977 and 1979;
2. Note that the objectives of the Madrid Protocol and the Nice Agreement are:
2.1 to reduce business transaction and compliance costs associated with registering trade marks and maintaining those registrations; and
2.2 to create increased legal certainty for businesses registering trade marks through the simplification and international alignment of trade mark registration procedures;
3. Agree that the texts of the Madrid Protocol and the Nice Agreement, along with their accompanying National Interest Analyses, be presented to the House of Representatives for parliamentary treaty examination in accordance with Standing Orders 387-390;
4. Agree, subject to satisfactory completion of the Parliamentary treaty examination process, that the Associate Minister of Commerce issue drafting instructions to the Parliamentary Counsel Office in respect of the amendments necessary to the Trade Marks Act 2002 and the Trade Marks Regulations 2003 required to implement the Madrid Protocol and the Nice Agreement;
5. Agree, subject to satisfactory completion of the Parliamentary treaty examination process and implementation of amendments to the Trade Marks Act and Regulations, that New Zealand deposit Instruments of Accession to the Madrid Protocol and to the Nice Agreement with the depositary, the World Intellectual Property Organisation, before December 2008;
6. Note that this Cabinet paper is to be published on the Ministry of Economic Development website, subject to any necessary deletions justified in accordance with the Official Information Act 1982; and
7. Note that the Associate Minister of Commerce indicates that consultation is not required with the government caucuses or other parties represented in Parliament.