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WEEKLY NEWS - AUGUST 18, 2008

This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

New Zealand to amend Patent Law

Peter Ollier, Hong Kong

New Zealand’s parliament is set to discuss a Patents Bill when the House of Representatives reconvenes on August 26

The government introduced the Bill for a first reading on July 9.

The Bill comprises a series of long-awaited amendments to the Patents Act 1953, and would introduce provisions to protect indigenous knowledge.

These include: allowing examiners to assess whether a patent is obvious in light of publications anywhere in the world; replacing pre-grant oppositions with a post-grant reexamination system; introducing an experimental use exemption; and allowing employee patent ownership disputes to be referred to the Commissioner of the Employment Relations Authority.

More controversially, the Bill excludes from patentability plants, methods of diagnosis of human beings and treatment of human beings by surgery or therapy. It also introduces an experimental use exemption.

The Bill also introduces a Maori advisory committee "to provide advice to the Commissioner in respect of patent applications for inventions involving indigenous plants and animals".

This would be similar to the Trade Marks advisory committee that was established as part of the Trade Marks Act 2002. The committee advises the Commissioner of Trade Marks on the possible offensiveness of trade marks containing Maori text and imagery.

After the first reading, the Bill will be transferred to a Select Committee. It is unlikely to be passed before the next general election, which has to be called before November 15 this year.



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