Most Read Contributor in New Zealand, September 2016
The last minute insertion yesterday by Supplementary
Order Paper (SOP) of two words into the Patents Bill has
made the difference between good legislation and bad, in our
The late amendment ensures that computer implemented
inventions remain patentable. The change brings New Zealand into
line with international norms and was achieved in spite of strong
opposition from the "free software
The SOP inserts the words "as such" to provide
protection for innovative software while excluding pure computer
programs from the patents regime.
The move is in line with the European approach and is a solution
which Chapman Tripp
proposed in March last year, although we would have preferred
that the ban was removed from the Bill altogether in keeping with
Australian and US practice.
The patentability of software had been the final sticking point
in years of fitful consultation over the new law. We think the
Government has made the right call.
Much at stake
The Government has made a small but important decision in the
interests of inventors, the New Zealand economy and New
Zealand's obligations under international law.
It did so despite staunch lobbying from the "free and open
source" software movement who reckon that software should be,
well, free. An enduring difficulty with "free software"
is that it robs inventors of the incentive to innovate and create
new material if others can simply free-ride on that investment.
We look forward to the enactment of the amended Patents
The explanatory note to the SOP records that this approach is
"more consistent with New Zealand's international
obligations... and overseas precedents". We agree.
The information in this article is for informative purposes
only and should not be relied on as legal advice. Please contact
Chapman Tripp for advice tailored to your situation.
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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