Customs Minister Nanaia Mahuta said that amendments to the Trade Marks and Copyright Acts will allow Customs to prosecute importers of counterfeit and pirated goods.
According to the announcement, other amendments will give Customs and the Ministry of Economic Development investigative powers specific to counterfeit and pirated goods.
“New Zealand Customs Service officers do a great job in identifying and detaining these goods at the border, but the additional power to take prosecutions will provide an effective tool for helping to reduce and deter offenders,” the minister said.
The amendments will be included in the Trade Marks (International Treaties and Enforcement) Amendment Bill.
George Wardle, senior IP analyst at the Ministry of Economic Development, told MIP Week that the Ministry is hoping to have the bill ready for introduction in March 2008.
That bill will also contain legislation to enable New Zealand to join the Madrid Protocol, Nice Agreement and Singapore Treaty.
Although New Zealand has not officially adhered to the Nice Agreement, the New Zealand IP Office (IPONZ) has been using the Nice Classification for many years.
A general election has to take place in New Zealand by November 15 2008 and Andrew Matangi, a consultant for Buddle Findlay, told MIP Week that a the bill is unlikely to be passed before then. Given that new regulations also need to be drafted, New Zealand is unlikely to join the Madrid Protocol until the second half of 2009.
“Other legislation on the hot topics of the day has stolen a march on the IP bills,” Matangi said. But he is optimistic that the Copyright (New Technologies and Performers’ Rights Amendment Bill “currently crawling through parliament”, will be passed in early 2008.
The bill had second reading debates at the end of September and again at the end of October. It needs to have a third reading before going for royal assent. The possibility that the Maori party might withhold support for the bill as it doesn’t deal with indigenous people’s rights could still impede its progress.
More information on the proposed changes in the Trade Marks (International Treaties and Enforcement) Amendment Bill can be found in cabinet papers here, here and here.
