Problems relating to Trade and Investment on New Zealand
17. Implementation of intellectual property rights ("IPRs") |
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Issue |
Issue details |
Requests |
Reference |
| (1) Lack of Transparency in Patent Application | - The Patent Act of NZ lacks openness and transparency when filing patent application so that it is risky to introduce a production process for fabricating products for market distribution in New Zealand. | - It is desirable for GNZ to harmonise its patents act in line with the international prevailing circumstances. (The amendment expected in 2014 did not take place.) | - Patents Act 1953 |
| (2) Anxiety over IPRs Infringement and Increased Counterfeiting Goods from Introduction of TPPL | - Anxiety over introduction of tobacco standardised packaging legislation (TPPL) on tobacco products and the anxiety on IPRs infringements and increase in counterfeits. GNZ contemplates introduction of legislation substantially the same as TPPL introduced in Australia. If it is introduced, the identification capabilities (between the products), being the essential faculty of trademarks will get material damage, resulting in the loss of "brand value", and consequently damaging the sound market competitions. Substantive concerns include, without limitation, purchasers' unwittingly purchasing unintended products from the difficulty of making distinction, purchasers' move to lower priced products, and finally, closing the door for new entry into the market. In addition, simpler packages facilitate counterfeiting activities, resulting in the growing counterfeits in the market. (Remarks:) Regulations for standardised packaging are measures to standardise individual package of tobacco products in form, colour, etc. Specifically, regulations compel printing of warning mark (in space, 75% in front and 90% at the back) on the standardized individual tobacco product package in form, colour, etc., substantially restricting the available space on the package, while prohibiting use of pictographic logo trademark, and allowing character trade mark only in the specified fonts, and printed only at the specified location. [Reference: ]http://www.legislation.govt.nz/bill/government/2013/0186/latest/096be8ed80eb87fa.pdf |
- As described in the left column, TPPL infringes upon intellectual property right of business operators, consequently hinders the industrial development through sound market competitions. On the other hand, prevention of juvenile smoking is deemed possible through alternative measures, such as education, and tightened penalties, etc. It is therefore requested that GNZ implements the Regulation based on the principle of proportionate general rules. - It is requsted that GOJ, with the full understanding of the issues of the left column, will take positive measures. |
- Smoke-free Environments (Tobacco Plain Packaging) Amendment Bill |
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