Parliament has today released a timeframe for the
introduction of the new Patents Act, which will see the updated
patent laws come into force no later than 14 September
The Patents Act, passed in August, received royal assent on 13
September 2013. The new laws must be in force within 12 months of
The new Patents Act will replace the existing 1953 Patents Act;
a change that will re-shape the current patent1 system
here in New Zealand.
The changes will encourage innovation in New Zealand with a
balanced patent system geared towards giving greater certainty in
the validity2 of granted patents. The changes will also
align the New Zealand system with other countries.
To read more about the details of the Act, click
We will provide further updates on when the changes will come
into force, as well as detail on the implications of the new
Patents Act, in subsequent posts.
1A proprietary right in an invention
which provides the owner with an exclusive right for up to 20 years
to make, sell, use or import the invention. In exchange for this
monopoly the patent is published so that
others can see how the invention works and build on that knowledge.
The patented invention may also be used by the public once the
2A patent is valid if it is legally
enforceable. This means that it must fulfil the criteria of
patentability and not be able to be invalidated by a
patent revocation proceeding. It is possible that a granted
patent may not be valid, or at least its validity could be
questionable. Ultimately, only the Courts can judge the validity of
a granted patent.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
James & Wells Intellectual Property, three time winner
of the New Zealand Intellectual Property Laws Award and first IP
firm in the world to achieve CEMARS® certification.
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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.
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.
The Policy stresses on the need for a holistic approach to be taken on legal, administrative, institutional and enforcement issues related to IP.
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