(e) WPPT;
(f) Marrakesh Treaty;
(g) Madrid Protocol;
(h) Nice Agreement;
(i) Singapore Treaty;
(j) Budapest Treaty; and
(k) PCT.
Article 17.9. Transparency
1. Each Party shall endeavour to publish online its laws, regulations, procedures, and administrative rulings of general application concerning the protection and enforcement of intellectual property rights.
2. Each Party shall, subject to its law, endeavour to publish online information that it makes public concerning applications for trade marks, geographical indications, registered designs, patents, and plant variety rights. (4) (5)
3. Each Party shall, subject to its law, publish online information that it makes public concerning registered or granted trade marks, geographical indications, designs, patents, and plant variety rights, sufficient to enable the public to become acquainted with those registered or granted rights. (6)
Article 17.10. Application of Chapter to Existing Subject Matter and Prior Acts
1. Unless otherwise provided in this Chapter, this Chapter gives rise to obligations in respect of all subject matter existing at the date of entry into force of this Agreement and that is protected on that date in the territory of a Party where protection is claimed, or that meets or comes subsequently to meet the criteria for protection under this Chapter.
2. Unless otherwise provided in this Chapter, a Party shall not be required to restore protection to subject matter that, on the date of entry into force of this Agreement, has fallen into the public domain in its territory.
3. This Chapter shall not give rise to obligations in respect of acts that occurred before the date of entry into force of this Agreement.
Article 17.11. Exhaustion of Intellectual Property Rights
Nothing in this Agreement shall prevent a Party from determining whether or under what conditions the exhaustion of intellectual property rights applies under its legal system.
Section B. Cooperation
Article 17.12. Contact Points
1. As of the date of entry into force of this Agreement, each Party shall provide the other Party with a contact point for communication on all matters covered by this Chapter.
2. Each Party shall promptly notify the other Party of any amendments to the details of their contact point.
Article 17.13. Cooperation and Dialogue
1. The Parties recognise the growing importance of the protection of intellectual property in further promoting trade and investment between them, and shall cooperate and engage in dialogue on the subject matter covered by this Chapter. (7) This may include through appropriate coordination and exchange of information between their respective intellectual property offices, or other agencies or institutions, as determined by each Party. The areas of cooperation and dialogue shall include, at least:
(a) exchanging information relating to developments in the Parties' domestic and international intellectual property policy;
(b) intellectual property administration and registration systems (where the Parties have such systems in place);
(c) cooperation between their respective collective management organisations;
(d) intellectual property issues relevant to SMEs including using, protecting, and enforcing intellectual property rights;
(e) cooperation on public and business educational awareness campaigns on intellectual property rights;
(f) cooperation on intellectual property issues relevant to science, technology, and innovation activities, including in the areas of clean growth, low-carbon, and environmentally beneficial technologies and other climate friendly technologies; and
(g) best practices, projects, and programmes aimed at reducing intellectual property rights infringement, including in relation to:
(i) preventing exports of counterfeit goods, including with other countries;
(ii) sharing of experience of intellectual property rights enforcement between customs and law enforcement bodies;
(iii) public awareness campaigns on the impact of intellectual property infringement; and
(iv) voluntary stakeholder initiatives to reduce intellectual property infringement, including over the Internet and other marketplaces.
In addition, the Parties shall endeavour to cooperate in relation to activities for improving the international intellectual property regulatory framework, including by working together on relevant activities in international organisations including the WTO and the WIPO.
Article 17.14. Intellectual Property Working Group
1. The Intellectual Property Working Group established under Article 30.10 (Working Groups â Institutional Provisions) ("the Working Group") shall be composed of representatives of each Party and with Maori in the case of New Zealand for functions under subparagraph 3(b). The Working Group may also invite experts to attend meetings and advise the Working Group on any matter falling within its functions. (8)
2. The Working Group shall meet as often as necessary to carry out its functions set out under this Chapter and, in any event, within three months of a Party making a request for a meeting. The Working Group may meet physically or virtually, as agreed by the Parties. The Working Group shall make decisions by mutual agreement.
3. The Working Group shall:
(a) carry out the functions specified in Articles 17.33 (Consultations on Recognition and Protection of Geographical Indications) and 17.34 (Ongoing Review of this Section);
(b) carry out the functions specified in Article 17.20 (Section Review); (c) carry out any functions as directed by the Joint Committee;
(d) monitor and consider matters relating to the implementation and operation of this Chapter; and
(e) report to the Joint Committee on the performance of its activities, including the outcome of any reviews of the Chapter or Sections thereof.
4. The Working Group may make recommendations or submit proposals for decisions to be adopted by the Joint Committee, including recommendations or proposals arising out of any review of this Chapter or Sections thereof.
Article 17.15. Patent Cooperation and Work Sharing
1. The Parties recognise the importance of improving the quality and efficiency of their respective patent registration systems as well as simplifying and streamlining the procedures and processes of their respective patent offices to the benefit of all users of the patent system and the public as a whole.
2. Further to paragraph 1, the Parties shall endeavour to cooperate through their respective patent offices to facilitate the sharing and use of search and examination work of the Parties. This may include:
(a) making search and examination results available to the patent offices of the other Party; (9) and
(b) exchanging information on quality assurance systems and quality standards relating to patent examination.
3. In order to reduce the complexity and cost of obtaining the grant of a patent, the Parties shall endeavour to cooperate to reduce differences in the procedures and processes of their respective patent offices.
Article 17.16. Cooperation on Request
Cooperation activities undertaken under this Chapter are subject to the availability of resources, and on request, and on terms and conditions mutually decided upon between the Parties. The Parties affirm that cooperation under this Section is additional to and without prejudice to other past, ongoing, and future cooperation activities, both bilateral and multilateral, between the Parties, including between their respective intellectual property offices.
Section C. Intellectual Property and Issues Related to Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions
Article 17.17. Cooperation
1. The Parties recognise the relevance of intellectual property systems and traditional knowledge associated with genetic resources to each other, when that traditional knowledge is related to those intellectual property systems.
2. The Parties shall endeavour to cooperate through their respective agencies responsible for intellectual property, or other relevant institutions, with the inclusive participation of Maori, if such participation is relevant and practicable, to enhance the understanding of:
(a) issues connected with traditional knowledge associated with genetic resources, and genetic resources; and
(b) matters of interest to Maori relating to intellectual property, and issues relating to genetic resources, traditional knowledge, and traditional cultural expressions.
Article 17.18. Patent Examination and Traditional Knowledge Associated with Genetic Resources
The Parties shall endeavour to pursue quality patent examination, which may include:
(a) that in determining prior art, relevant publicly available documented information related to traditional knowledge associated with genetic resources may be taken into account;
(b) an opportunity for third parties to cite, in writing, to the competent examining authority prior art disclosures that may have a bearing on patentability, including prior art disclosures related to traditional knowledge associated with genetic resources;
(c) if applicable and appropriate, the use of databases or digital libraries containing traditional knowledge associated with genetic resources; and
(d) cooperation in the training of patent examiners in the examination of patent applications related to traditional knowledge associated with genetic resources.
Article 17.19. WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
1. The Parties shall, without prejudice to their respective positions, work under the auspices of WIPO to promote a multilateral outcome at the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore ("WIPO IGC").
2. Relevant to promoting a multilateral outcome at the WIPO IGC the Parties shall, to the extent appropriate, cooperate through their respective relevant agencies and institutions and, where relevant and practicable, with the inclusive participation of Maori, by:
(a) sharing information with each other; and
(b) in response to any reasonable request, engaging actively in dialogue.
Article 17.20. Section Review
1. The Parties affirm the importance of the WIPO IGC as a forum for multilateral cooperation.
2. If an international instrument is agreed at the WIPO IGC, the Parties shall, under the auspices of the Working Group:
(a) conduct consultations under this Article;
(b) enter into those consultations as soon as reasonably practicable and, in any event, no later than two years after the date of entry into force of that international instrument;
(c) agree a timetable at an initial meeting held within the time frame specified in subparagraph (b);
(d) review this Section with a view to considering whether to amend this Agreement in accordance with the international instrument; and
(e) endeavour to complete a review under this Article ina timely manner.
3. If this Agreement does not enter into force before the date the Parties would otherwise have been required to enter into consultations under subparagraph 2(b), the Parties shall, under the auspices of the Working Group, enter into consultations as soon as reasonably practicable after the date of entry into force of this Agreement and, in any event, no later than four months after the date of entry into force of this Agreement.
4. If the criteria requiring consultations under paragraph 2 have not been met within two years of the date of entry into force of this Agreement, the Parties shall, without prejudice to the possibility of a review under paragraph 2, review this Section with a view to considering provisions on genetic resources, traditional knowledge, and traditional cultural expressions. The Parties shall, under the auspices of the Working Group:
(a) enter into consultations as soon as reasonably practicable and, in any event, no later than four months after the expiry of the time period referred to in this paragraph;
(b) consider the Parties' interests on genetic resources, traditional knowledge, and traditional cultural expressions; and
(c) endeavour to complete a review under this Article in a timely manner.
Section D. Trade Marks
Article 17.21. Types of Signs Registrable as Trade Marks
Neither Party shall require, as a condition of registration, that a sign be visually perceptible. A Party may require a concise and accurate description of a trade mark.
Article 17.22. Rights Conferred
Each Party shall provide that the owner of a registered trade mark has the exclusive right to prevent all third parties not having the owner's consent from using in the course of trade identical or similar signs for goods or services that are identical or similar to those in respect of which the trade mark is registered, where such use would result in a likelihood of confusion. In the case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed. The rights described above shall not prejudice any existing prior rights, nor shall they affect the possibility of a Party making rights available on the basis of use.
Article 17.23. Exceptions
Each Party may provide limited exceptions to the rights conferred by a trade mark, such as fair use of descriptive terms, provided that such exceptions take account of the legitimate interests of the owner of the trade mark and of third parties.
Article 17.24. Well-Known Trade Marks
For the purposes of giving effect to the protection of well-known trade marks, as referred to in Article 6bis of the Paris Convention and paragraphs 2 and 3 of Article 16 of the TRIPS Agreement, each Party recognises the importance of the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO from 20 to 29 September 1999.
Article 17.25. Procedural Aspects of Examination, Opposition, and Cancellation
Each Party shall provide a system for the examination and registration of trade marks that includes amongst other things:
(a) communicating to the applicant in writing, preferably by electronic means, the reasons for any refusal to register a trade mark;
(b) providing the applicant with an opportunity to respond to communications from the competent authorities, to contest any initial refusal, and to make a judicial appeal of any final refusal to register a trade mark;
(c) providing an opportunity to oppose an application for the registration of a trade mark and an opportunity to seek cancellation (10) of a trade mark registration through, at a minimum, administrative procedures; and
(d) requiring administrative decisions in opposition and cancellation proceedings to be reasoned and in writing, which are preferably provided by electronic means.
Article 17.26. Bad Faith Applications
Each Party shall provide, in accordance with its law, that its competent authority has the authority to refuse an application or cancel a registration where the application to register the trade mark was made in bad faith.
Article 17.27. Electronic Trade Marks Systems
Each Party shall provide a:
(a) system for the electronic application for, and maintenance of, trade mark registrations; and
(b) publicly available electronic information system, including an online database, of trade mark applications and registered trade marks.
mark registrations; and
publicly available electronic information system, including an online database, of trade mark applications and registered trade marks.
10 For greater certainty, cancellation for the purposes of this Section may be implemented through an invalidation or revocation proceeding.
17-14
Article 17.28. Term of Protection for Trade Marks
Each Party shall provide that initial registration and each renewal of registration of a trade mark is for a term of no less than 10 years.
Article 17.29. Efforts Toward the Harmonisation of Trade Mark Systems
The Parties recognise the importance of reducing differences in law and practice between the Partiesâ respective systems for the protection of trade marks. Each Party shall endeavour to cooperate in international fora, including WIPO, where appropriate and as resources permit, to harmonise standards of protection, and procedures, for the registration of trade marks.
Article 17.30. Domain Names
Article 17.28. Term of Protection for Trade Marks
Each Party shall provide that initial registration and each renewal of registration of a trade mark is for a term of no less than 10 years.
Article 17.29. Efforts Toward the Harmonisation of Trade Mark Systems
The Parties recognise the importance of reducing differences in law and practice between the Parties' respective systems for the protection of trade marks. Each Party shall endeavour to cooperate in international fora, including WIPO, where appropriate and as resources permit, to harmonise standards of protection, and procedures, for the registration of trade marks.
Article 17.30. Domain Names
1. In connection with each Partyâs system for the management of its country code top-level domain (ccTLD) domain names, the Parties recognise the benefits of appropriate remedies being available, at least in cases in which a person registers or holds, with a bad faith intent to profit, a domain name that is identical or confusingly similar to a trade mark.
2. The Parties understand that such remedies may, but need not, include revocation, cancellation, transfer, damages, or injunctive relief.
Section E. Geographical Indications
Article 17.31. Scope of Application of this Section
This Section shall apply to the recognition and protection of geographical indications in the territories of the Parties for wines, spirits, agricultural products, and foodstuffs.
Article 17.32. Recognition and Protection of Geographical Indications
The Parties recognise that geographical indications may be protected through a trade mark or sui generis system or other legal means.
Article 17.33. Consultations on Recognition and Protection of Geographical Indications
1. The Parties shall enter into consultations to review this Section if, after this Agreement has been signed by the Parties:
(a) New Zealand signs an international agreement with a non-party that includes obligations requiring New Zealand to adopt any substantive change to New Zealand's geographical indications regime; or
(b) New Zealand adopts any substantive change to New Zealand's geographical indications regime for a reason other than that in subparagraph (a).
2. For the purposes of this Article, a substantive change to New Zealand's geographical indications regime includes:
(a) the introduction of a sui generis scheme for the registration and protection of geographical indications for agricultural products or foodstuffs; or
(b) any substantive change to the system or standard of protection (11) provided under New Zealand's sui generis scheme for the registration and protection of geographical indications for wine and spirits in effect on the date this Agreement is signed by both Parties.
3. New Zealand shall, through the contact point referred to in Article 17.12 (Contact Points):
(a) promptly notify the United Kingdom of the signature of an international agreement as described in subparagraph 1(a) or the date of adoption of a domestic change as described in subparagraph 1(b); and
(b) provide any relevant information about the substantive change to New Zealandâs geographical indications regime as described in subparagraph 1(a) or subparagraph 1(b).
4. If the Parties are required to enter consultations under paragraph 1, the Parties shall:
(a) conduct those consultations under the auspices of the Working Group;
(b) enter into those consultations as soon as reasonably practicable after the signature of an international agreement as described in subparagraph 1(a) or the date of adoption of a domestic change as described in subparagraph 1(b) and, in any event, no later than four months after the date of that event;
(c) agree a timetable at an initial meeting held within the time frame specified in subparagraph (b) or paragraph 5;
(d) as part of those consultations, review this Section with a view to amending this Agreement so that no less favourable treatment is applied under this Section in relation to the standard of protection of geographical indications than the standard applied under: (12)
(i) the international agreement referred to in subparagraph 1(a); or
(ii) the domestic change referred to in subparagraph 1(b); and
(e) use reasonable endeavours to complete a review under this Article in a timely manner.
5. If this Agreement has not entered into force by the date the Parties would otherwise have been required to enter into consultations under subparagraph 4(b), the Parties shall enter into consultations as soon as reasonably practicable after the date of entry into force of this Agreement and, in any event, no later than four months after the date of entry into force of this Agreement.