πΌ Intellectual Property Registration
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[0] => New Zealand developed a system of registering intellectual property interests from 1860. The registration of an interest, through the mechanism of a patent, trademark, design or copyright, asserted the ownership of the registered proprietor to their intellectual property. The New Zealand Patent Office, renamed the Intellectual Property Office of New Zealand in 1997, has been responsible for much of this registration.
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[history] => Public registration of intellectual property rights in New Zealand began with the passage of the Patents Act in 1860. Prior to this patents had been issued only rarely, by private acts of parliament.[1] The 1860 Act established a framework for the registration of patents by the Colonial Secretary’s Department. This was followed in 1866 by the Trade Mark Act, which likewise provided for registration with the Colonial Secretary.
The Patents Act 1870 established a Patents Office, under the control of the Colonial Secretary’s Department, to conduct the registration of patents. Amendments to the legislation in 1882 provided for the creation of district offices, and a more detailed register, with examination of specifications being required prior to registration. In association with these changes the control of the Patent Office moved from the Colonial Secretary’s Department to the Justice Department. By 1885 district offices, attached to court offices, had been established in the main centres.
The Fine Arts Copyright Act 1877 also created a register for intellectual property interests. Copyright registration was initially managed by the Colonial Secretary’s Department, but from 1886 the Patents Office took responsibility for the administration of copyright legislation.
The Patents, Designs and Trade Marks Act 1889 amalgamated the registration of these different interests under the administration of the Patents Office, and created the Registrar of Patents, Designs and Trade Marks, in place of the Patent Officer. Responsibility for trade mark registration was transferred from the Colonial Secretary to the Patent Office at this date. The Registrar was required by the Act to produce an annual report on the activities of the Office, with the first being published in 1890.[2] The intellectual property protection provided by the 1889 Act was substantially similar to that existing in the United Kingdom,[3] and from 1902 applications were examined in terms of United Kingdom as well as New Zealand patents.
The Copyright Act 1908 maintained a separate legislative framework for copyright registration, as did the Copyright Act 1913. However the Patents Office continued to administer copyright legislation, along with the Patents, Designs and Trade Marks Act, and from 1909 the Patents Registrar also held the position of Copyright Registrar.[4]
The Patents, Designs and Trade Marks Acts of 1908 and 1921 retained the structure of registration of interests by the Patents Office. In 1953 the Patents Act, the Trade Marks Act and the Designs Act were passed, providing separate legislation for the protection of each category of interest. However the Patents Office continued to conduct the registration of the differing types of intellectual property interest, administering each of the 1953 Acts.
From 1962 public registration of copyright interests ceased. The Copyright Act 1962 provided for the protection of copyrighted items, but abolished the registration system. The copyright branch of the Patent Office was therefore closed. The Copyright Act 1994 likewise did not operate a public registration system.
In 1995 the Patents Office moved to the control of the Ministry of Commerce, which in 2000 subsequently became the Ministry of Economic Development.[5] In 1997 the New Zealand Patents Office changed its name to the Intellectual Property Office of New Zealand.[6] However, it continued to perform the function of registration of intellectual property interests in terms of the 1953 legislation.
Relevant Legislation
Patents Act 1860
Trade Mark Act 1866
Patents Act 1870
Fine Arts Copyright Act 1877
Patents Amendment Act 1882
Patents, Designs and Trade Marks Act 1889
Copyright Act 1908
Patents, Designs and Trade Marks Act 1908
Copyright Act 1913
Patents, Designs and Trade Marks Act 1921
Patents Act 1953
Designs Act 1953
Trade Marks Act 1953
Copyright Act 1962
Copyright Act 1994
Endnotes
[1] See for instance, Purchas and Ninnis Flax Patent Act, 1860
[2] Appendices to the Journal of the House of Representatives (AJHR) 1890, H1, p 1
[3] New Zealand Official Yearbook 1892, p 266
[4] AJHR, 1909, H10, p 7
[5] Directory of Official Information, 1995-1997, p 57
[6] Directory of Official Information, 1997-1999, p 56
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Show History
Public registration of intellectual property rights in New Zealand began with the passage of the Patents Act in 1860. Prior to this patents had been issued only rarely, by private acts of parliament.[1] The 1860 Act established a framework for the registration of patents by the Colonial Secretary’s Department. This was followed in 1866 by the Trade Mark Act, which likewise provided for registration with the Colonial Secretary.
The Patents Act 1870 established a Patents Office, under the control of the Colonial Secretary’s Department, to conduct the registration of patents. Amendments to the legislation in 1882 provided for the creation of district offices, and a more detailed register, with examination of specifications being required prior to registration. In association with these changes the control of the Patent Office moved from the Colonial Secretary’s Department to the Justice Department. By 1885 district offices, attached to court offices, had been established in the main centres.
The Fine Arts Copyright Act 1877 also created a register for intellectual property interests. Copyright registration was initially managed by the Colonial Secretary’s Department, but from 1886 the Patents Office took responsibility for the administration of copyright legislation.
The Patents, Designs and Trade Marks Act 1889 amalgamated the registration of these different interests under the administration of the Patents Office, and created the Registrar of Patents, Designs and Trade Marks, in place of the Patent Officer. Responsibility for trade mark registration was transferred from the Colonial Secretary to the Patent Office at this date. The Registrar was required by the Act to produce an annual report on the activities of the Office, with the first being published in 1890.[2] The intellectual property protection provided by the 1889 Act was substantially similar to that existing in the United Kingdom,[3] and from 1902 applications were examined in terms of United Kingdom as well as New Zealand patents.
The Copyright Act 1908 maintained a separate legislative framework for copyright registration, as did the Copyright Act 1913. However the Patents Office continued to administer copyright legislation, along with the Patents, Designs and Trade Marks Act, and from 1909 the Patents Registrar also held the position of Copyright Registrar.[4]
The Patents, Designs and Trade Marks Acts of 1908 and 1921 retained the structure of registration of interests by the Patents Office. In 1953 the Patents Act, the Trade Marks Act and the Designs Act were passed, providing separate legislation for the protection of each category of interest. However the Patents Office continued to conduct the registration of the differing types of intellectual property interest, administering each of the 1953 Acts.
From 1962 public registration of copyright interests ceased. The Copyright Act 1962 provided for the protection of copyrighted items, but abolished the registration system. The copyright branch of the Patent Office was therefore closed. The Copyright Act 1994 likewise did not operate a public registration system.
In 1995 the Patents Office moved to the control of the Ministry of Commerce, which in 2000 subsequently became the Ministry of Economic Development.[5] In 1997 the New Zealand Patents Office changed its name to the Intellectual Property Office of New Zealand.[6] However, it continued to perform the function of registration of intellectual property interests in terms of the 1953 legislation.
Relevant Legislation
Patents Act 1860
Trade Mark Act 1866
Patents Act 1870
Fine Arts Copyright Act 1877
Patents Amendment Act 1882
Patents, Designs and Trade Marks Act 1889
Copyright Act 1908
Patents, Designs and Trade Marks Act 1908
Copyright Act 1913
Patents, Designs and Trade Marks Act 1921
Patents Act 1953
Designs Act 1953
Trade Marks Act 1953
Copyright Act 1962
Copyright Act 1994
Endnotes
[1] See for instance, Purchas and Ninnis Flax Patent Act, 1860
[2] Appendices to the Journal of the House of Representatives (AJHR) 1890, H1, p 1
[3] New Zealand Official Yearbook 1892, p 266
[4] AJHR, 1909, H10, p 7
[5] Directory of Official Information, 1995-1997, p 57
[6] Directory of Official Information, 1997-1999, p 56
- π’ The Intellectual Property Office of New Zealand (1870 ‑ )
- π’ Department of Internal Affairs, Head Office (1860 ‑ 1870)
- π Colonial Secretary (1860 ‑ 1882)
- π Patents, Design, Trademarks and Copyright Office (1935 ‑ 1940)
- π Commerce (1) (1995 ‑ 1998)
- π Justice (1882 ‑ 1995)