New Zealand: TPP will bring laws in line with Australia

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

New Zealand: TPP will bring laws in line with Australia

After many years of negotiation, agreement has been reached on the Trans-Pacific Partnership Agreement. The free trade agreement between 12 countries – Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam – is intended to liberalise trade between the regions while setting out consistent rules that make it easier for participating countries to do business.

New Zealand and Australia were early signatories to the talks, with other countries entering over the years of negotiation. Further countries are expected to sign up in the future.

Intellectual property provisions made up a small proportion of the issues negotiated, but were among the most significant for New Zealand, which has relatively low import tariffs already. Apart from concerns that the government's pharmaceutical purchasing agency Pharmac would be compromised, proposed changes to the patent system led many to expect a rise in pharmaceutical costs under the TPP.

Similar concerns were raised in Australia, which spearheaded opposition to proposed increases in data exclusivity periods. TPP will not require any changes to Australia's IP laws at all. Australia's five years of data protection for biological medicines will remain unchanged and it already has patent term extension and a life of the author plus 70 years copyright term.

Sensible debate was not aided by the media's reporting of these issues, repeatedly confusing the concepts of patent term, patent term extension and data exclusivity periods, as well as misunderstanding the implications of copyright extension.

We will need to wait until details of the agreement are published, but various sources suggest that patent term extensions must be made available for pharmaceuticals experiencing regulatory delays. The New Zealand government release says New Zealand "will have to extend the term of a particular pharmaceutical patent if there are unreasonable delays in examining the patent or getting regulatory approval. New Zealand's processes are efficient, however, so very few patent term extensions are expected, based on current practice, and only in exceptional circumstances." Although it may be rarely used, this is a potentially important change for holders of New Zealand patents but will not affect Australia, which already offers such extensions. Data exclusivity (at present five years in both Australia and New Zealand) seems unaffected.

On the trade mark front, the agreement provides safeguards to protect geographical indications. We don't yet have details of how that might look in practice.

Another new IP provision that will affect New Zealand is extension of copyright from 50 to 70 years from the death of the author (and from 50 years to 70 years from release for films or music recordings). The government estimates this to cost the country NZ$55 million ($38 million) a year in the "very long term", but that figure seems high. Not many copyright works are still being heavily commercialised in New Zealand 50 years after the author's death. Again, Australia already has a 70-year copyright term.

We will provide more information on the expected changes to New Zealand and Australia when details emerge.

Broadley_Damian

Damian Broadley

Jo Shaw


AJ Park

Level 22, State Insurance Tower

1 Willis Street, Wellington 6011

New Zealand

Tel: +64 4 473 8278

Fax: +64 4 472 3358

wellington@ajpark.com

www.ajpark.com 

more from across site and SHARED ros bottom lb

More from across our site

AI
Leaders at four firms share their hiring approach, including whether AI knowledge is a must-have for new staff
McKool Smith and Licks Attorneys are acting in the dispute, which alleges infringement of patents covering video-related technologies
Legacy firm Allen & Overy agreed a high-profile tie-up with US firm Shearman & Sterling in May last year
News of Verizon settling its lawsuit with Headwater Research and a copyright setback for AI firm Perplexity at a New York court were also among the top talking points
IPH, which owns several IP businesses in the APAC and Canada, reported a 16.5% increase in revenue and 13% jump in profit after tax
With Ireland’s government re-engaging with the idea of a UPC referendum, it provides a chance to improve the system further
US-based company says appointment of Jorge Ordonez shows its momentum as a private-equity-backed platform expanding in the IP services market
The firm hired an IP litigation team during the reporting period and has entered the Managing IP rankings for trademark work
Masaki Mikami of Marks IP explains how he helped prove acquired distinctiveness to secure protection for 'Pocky' in Japan
Daralyn Durie discusses the ‘amazing’ opportunity of working on an AI case, the value of celebrating women, and how to build the next wave of talent
Gift this article