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Questions and Answers

[ Last Updated 23 November 2005 ]

17 December 2004

Q. Why are Australia and New Zealand considering closer co-operation on intellectual property matters?

A. Under the umbrella of 2000 CERMOU on the Co-ordination of Business Law, both countries are seeking to assist businesses and firms to effectively protect their intellectual property rights by providing a more seamless intellectual property processing system covering both countries.

Q. How will this be done?

A. IP Australia and New Zealand's Ministry of Economic Development have commenced discussions to investigate possible options for greater co-ordination and to map out steps that can be taken to develop these options further to achieve the long term goal of establishing a single seamless IP rights processing system for both countries.

Q. When will this be done?

A. Discussions between the offices have commenced. A report to governments is planned for July 2005

Q. Will the proposed cooperation arrangement cover all intellectual property rights protection regimes?

A. The co-operation arrangements will only impact on patents, trade marks, plant varieties and the regulation of patent and trade mark attorneys.

Q. What will be the impact on businesses and, in particular, users of the system?

A. Initially very little. But over time, seeking protection for intellectual property rights in both Australia and New Zealand should become simpler and cheaper to obtain.

Q. What does this mean for the patent and trade mark attorney professions?

A. Given the complexity of intellectual property matters, it will be important for businesses in both Australia and New Zealand to continue to have ready access to high quality attorney services to support them in their business decisions.

Q. Will co-ordination result in the harmonisation of IP law between Australia and New Zealand?

A. To some extent, but each country will be retaining the flexibility to pursue specific policy objectives appropriate to local conditions. This will enable, for example, New Zealand to develop and implement appropriate measures to address Māori concerns relating to intellectual property.

Q. How will interested parties be involved in this process?

A. In developing options and proposed strategies/activities, those parties with an interest in intellectual property rights will be consulted to provide their input into whether these will assist in helping meet their business objectives and needs.

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