As reported in our February update, changes to intellectual property laws in New Zealand will significantly benefit international and local brand owners. Key updates of the changes are outlined below. Please do not hesitate to contact us should you require assistance regarding your intellectual property portfolio in New Zealand in light of these changes.
Patent & Trade Mark Fees
- IPONZ has recently carried out a review of fees
and proposed changes to:
- increase patent renewal and application maintenance fees;
- increase and introduce new fees for high-cost patent services. For example, IPONZ will implement a new ‘excess claims’ fee for applications that include 30 or more claims at any point during the examination process;
- decrease trade mark application and renewal fees, and provide new trade mark application fee options; and
- provide simplified options for pre-application trade mark advice.
- The fee changes are expected to be implemented in the third quarter of 2019.
Plant Variety Rights (PVR)
- The Government has now released an Options Paper seeking feedback on options to amend the Plant Variety Rights Act 1987 (see https://www.mbie.govt.nz/have-your-say/plant-variety-rights-act-1987-review-options-paper/). The Government’s preferred option is to “give effect” to UPOV 91 while allowing for compliance with the Treaty of Waitangi (a governance agreement between the British Crown and Māori Chiefs signed in 1840). Submissions close on 9 September 2019.
Adrian Trioli & Noelene Treloar
Disclaimer: For general information purposes only. Not intended as legal advice. Please contact us should you require any assistance regarding your New Zealand portfolio in light of these changes.