Amendments Proposed for the Patents Act and Plant Variety Rights Act - 6 August 2003
[ Last Updated 15 December 2005 ]
"Proposals to amend the Patents Act and the Plant Variety Rights Act mark the final stage of the government's programme to reform New Zealand's intellectual property rights legislation", Associate Minister of Commerce Judith Tizard announced today.
"An up to date patent system is an essential part of the government's Growth and Innovation Framework," said Judith Tizard. "Modern and effective patent laws provide an incentive for innovation, while maintaining an appropriate balance between the interests of innovators and the interests of users of patented technology."
"The reforms will strengthen the criteria for granting a patent to ensure that patents are granted for genuine innovations. In addition we have decide to exclude human beings and method of medical treatment from patentability for ethical reasons.
"In addition, we will be establishing a Maori Consultative Committee which will provide advice as to whether an invention involves traditional knowledge, indigenous plants and animals or is likely to be contrary to Maori values.
"As far as plant variety rights are concerned, rights owners will be given enhanced exclusive rights over their protected varieties" Judith Tizard said. "These rights will also apply to varieties "essentially derived" from a protected variety.
"These changes follow other major reforms of New Zealand's IP legislation. The purpose of these reforms has been to improve the environment for innovation, to lower business costs and to connect New Zealand firms to the international marketplace.
"Many of the reforms have been driven by developments in technology. We have also been highly conscious of Maori interests in intellectual property law."
In December 2002, parliament passed the Trade Marks Act 2002, which will come into force in August 2003, replacing the Trade Marks Act 1953. In June 2003, Judith Tizard announced proposals to amend the Copyright Act 1994 following a review of how digital technology impacts on copyright law.
"The Patents Act 1953 is 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 have already been completed. Stage 3 of the review considers issues including the Act's definition of 'invention' and its ability to deal with new technologies, and the ethical and cultural considerations surrounding the patenting of inventions involving living organisms, genetic material and traditional knowledge."
It is hoped that legislation to amend the Patents Act 1953 and the Plant Variety Rights Act 1987 will be introduced to Parliament early next year.
Cabinet Papers containing a complete description of the proposed changes for the Patents Act 1953 and Plant Variety Rights Act 1987 are available online.
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