A Delegate of IP Australia was recently asked to consider whether a “wine label” invention was patentable, or whether it fell within the excluded category of “printed matter”.

We are proud to again be supporting awards at the Victoria University of Wellington School of Design’s 2016 end of year exhibition. Congratulations to the winners!

It is now over five years from the publication of the Waitangi Tribunal report on WAI 262 (commonly known as the Flora and Fauna claim) in July 2011. Since that time the Patents Act 2013 has been enacted. We are also experiencing a renewed interest in bioactives research and commercialisation. There has been no formal response from the Government to the WAI 262 claim. However, it is perhaps a salient time to consider to what extent, if any, the recommendations of the Tribunal in relation to patents have been incorporated into New Zealand law.

On 16 September 2016, the Ministry of Business Innovation & Employment (MBIE) and the Intellectual Property Office of New Zealand (IPONZ) issued a consultation document. The document asks for submissions on proposed changes to the transitional provisions of the Patents Act 2013, which relate to the filing and/or examination of divisional applications from an application made under the Patents Act 1953. Submissions are due by 14 October 2016.

 A recent decision of the Federal Court of Australia has raised a warning flag regarding over-promising advantages of the invention in a complete specification.

A recent Australian Federal Court case has confirmed the approach to assessing infringement of Australian registered designs.

 Since 1994, New Zealand has provided all patents with a non-extendible term of 20 years from the filing date. However, under the Trans Pacific Partnership Agreement, the New Zealand government agreed to provide for an extension of the term a patent in certain circumstances. The Trans-Pacific Partnership Amendment Bill is currently before the Select Committee and  the corresponding regulations have been made available for public submissions.

In 2011 the Australian and New Zealand Prime Ministers announced what was intended to be a new level of cooperation between IP Australia and the Intellectual Property Office of New Zealand. 

From 1 July 2016, new Country of Origin Labelling (CoOL) laws apply to food sold in retail stores in Australia. However, businesses will have time to adjust over a two-year transition period, meaning that food products packaged up until 1 July 2018 can be sold without the new labels.