

Currently released so far... 12478 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy Niamey
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sapporo
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
AU
ASEC
AE
AF
AORC
AEMR
AMGT
ABUD
AFFAIRS
APER
AS
AMED
AY
AG
AR
AJ
AL
AID
AM
AODE
ABLD
AMG
AFIN
ATRN
AGAO
AFU
AN
AA
ALOW
APECO
ADM
ARF
ASEAN
APEC
AMBASSADOR
AO
ASUP
AZ
AADP
ACOA
ANET
AMCHAMS
ACABQ
ASECKFRDCVISKIRFPHUMSMIGEG
APCS
AGMT
AINF
AIT
AORL
ACS
AFSI
AFSN
ACBAQ
AFGHANISTAN
ADANA
ADPM
AX
ADCO
AECL
AMEX
ACAO
ASCH
AORG
AGR
AROC
ASIG
AND
ARM
AQ
ATFN
AC
AUC
ASEX
AER
AVERY
AGRICULTURE
BL
BR
BO
BA
BD
BM
BK
BG
BU
BB
BH
BTIO
BY
BEXP
BP
BE
BRUSSELS
BF
BIDEN
BT
BX
BC
BILAT
BN
BBSR
BTIU
BWC
BMGT
CA
CASC
CVIS
CM
CH
CO
CU
CD
CWC
CI
CS
CY
CMGT
CF
CG
CR
CB
CV
CW
CE
CBW
CT
CPAS
COUNTERTERRORISM
CJAN
CODEL
CIDA
CDG
CDC
CIA
CTR
CNARC
CSW
CN
CONS
CLINTON
COE
CROS
CARICOM
CONDOLEEZZA
COUNTER
CL
COM
CICTE
CIS
CFED
COUNTRY
CJUS
CBSA
CEUDA
CLMT
CAC
COPUOS
CIC
CBE
CHR
CTM
CVR
CITEL
CLEARANCE
CACS
CAN
CITT
CARSON
CACM
CDB
CAPC
CKGR
CBC
EC
EG
EPET
ECON
ETRD
EFIN
EIND
EMIN
ENRG
EAID
EAGR
EUN
ETTC
EAIR
ENIV
ES
EU
EINV
ELAB
ECIN
EFIS
ELTN
EWWT
ECPS
ECONOMIC
ENGR
EN
EINT
EPA
ELN
ESA
EZ
ER
ET
EFTA
EINVECONSENVCSJA
EUMEM
ETRA
EXTERNAL
EI
EUR
EK
ERNG
ENGY
ETRDEINVECINPGOVCS
ENERG
EINVEFIN
ENVR
ECA
ELECTIONS
ETC
EUREM
ENNP
EFINECONCS
EURN
ECINECONCS
EEPET
EXIM
ERD
ENVI
ETRC
ETRDEINVTINTCS
ETRO
EDU
ETRN
EAIG
ECONCS
ECONOMICS
EAP
ECONOMY
EINN
EIAR
EXBS
ECUN
EINDETRD
EREL
EUC
ESENV
ECONEFIN
ECIP
EFIM
EAIDS
ETRDECONWTOCS
EUNCH
EINVETC
IZ
IT
IR
IS
IN
IC
IAEA
IO
ICAO
IWC
ID
IV
ISRAEL
IAHRC
IQ
ICTR
IMF
IRS
IDP
IGAD
ICRC
ICTY
IMO
IL
INRA
INRO
ICJ
ITU
IBRD
INMARSAT
IIP
ITALY
IEFIN
IACI
ILO
INTELSAT
ILC
ITRA
IDA
INRB
IRC
INTERPOL
IA
IPR
IRAQI
ISRAELI
INTERNAL
ISLAMISTS
INDO
ITPHUM
ITPGOV
ITALIAN
IBET
INR
IEA
IZPREL
IRAJ
ITF
IF
KDEM
KU
KPAL
KNNP
KCRM
KZ
KN
KS
KJUS
KTFN
KSCA
KV
KISL
KPAO
KPKO
KIRF
KTIA
KIPR
KFLO
KFRD
KTIP
KAWC
KSUM
KCOM
KAID
KE
KTDB
KMDR
KOMC
KWBG
KDRG
KVPR
KTEX
KGIC
KWMN
KSCI
KCOR
KACT
KDDG
KHLS
KSAF
KFLU
KSEO
KMRS
KSPR
KOLY
KSEP
KVIR
KGHG
KIRC
KUNR
KIFR
KCIP
KMCA
KMPI
KBCT
KHSA
KICC
KIDE
KCRS
KMFO
KRVC
KRGY
KR
KAWK
KG
KFIN
KHIV
KBIO
KOCI
KBTR
KNEI
KPOA
KCFE
KPLS
KSTC
KHDP
KPRP
KCRCM
KLIG
KCFC
KTER
KREC
KTBT
KPRV
KSTH
KRIM
KRAD
KWAC
KWMM
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KOMS
KX
KMIG
KRCM
KVRP
KBTS
KPAONZ
KNUC
KNAR
KPWR
KNPP
KDEMAF
KNUP
KNNPMNUC
KERG
KGIT
KPAI
KTLA
KFSC
KCSY
KSAC
KTRD
KID
KOM
KMOC
KJUST
KGCC
KREL
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFTFN
KO
KNSD
KHUM
KSEC
KCMR
KCHG
KICA
KPIN
KESS
KDEV
KCGC
KWWMN
KPAK
KWNM
KWMNCS
KRFD
MOPS
MCAP
MPOS
MARR
MO
MNUC
MX
MASS
MG
MY
MU
ML
MR
MILITARY
MTCRE
MT
MEPP
MA
MDC
MP
MAR
MASSMNUC
MARAD
MAPP
MZ
MD
MI
MEETINGS
MK
MCC
MEPN
MRCRE
MAS
MIL
MASC
MC
MV
MTCR
MIK
MUCN
MEDIA
MERCOSUR
MW
MOPPS
MTS
MLS
MILI
MTRE
MEPI
MQADHAFI
MAPS
NO
NATO
NL
NP
NZ
NSF
NI
NH
NG
NAFTA
NU
NASA
NR
NATOPREL
NSSP
NSG
NA
NT
NW
NK
NPT
NPA
NATIONAL
NPG
NSFO
NS
NSC
NE
NGO
NDP
NIPP
NRR
NEW
NZUS
NC
NAR
NV
NORAD
OTRA
OPCW
OVIP
OAS
OREP
OPIC
OIIP
OPRC
ODIP
OEXC
OPDC
OSCE
OIC
OSCI
OECD
OFDP
OFDA
OMIG
OPAD
OFFICIALS
OVP
OIE
OHUM
OCS
OBSP
OTR
OSAC
ON
OCII
OES
PGOV
PREL
PHUM
PTER
PINS
PINR
PREF
PK
PROP
PA
PARM
PBTS
PMAR
PM
PGIV
PE
PRAM
PHUH
PHSA
PL
PNAT
PO
PLN
PAO
PSA
PHUMPGOV
PF
PEL
PBIO
POLITICS
PHUMBA
PAS
POL
PREO
PAHO
PMIL
POGOV
POV
PAK
PNR
PRL
PG
PREFA
PSI
PINL
PU
PARMS
PRGOV
PALESTINIAN
PAIGH
POLITICAL
PARTIES
POSTS
PROG
PORG
PTBS
PUNE
POLICY
PDOV
PCI
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
PBT
PP
PS
PY
PTERE
PGOF
PKFK
PSOE
PEPR
PPA
PINT
PRELP
PSEPC
PGOVE
PINF
PNG
PGOC
PFOR
PCUL
POLINT
PGGV
PHALANAGE
PARTY
PGOVLO
PHUS
PDEM
PECON
PROV
PHUMPREL
RS
RU
RELATIONS
RW
RO
RM
RP
ROOD
RICE
RUPREL
RSO
RCMP
REACTION
REPORT
REGION
RIGHTS
RF
RFE
RSP
RIGHTSPOLMIL
ROBERT
SU
SCUL
SNAR
SOCI
SF
SA
SHUM
SENV
SP
SR
SY
SANC
SC
SMIG
SZ
SARS
SW
SEVN
SO
SEN
SL
SNARCS
SNARN
SI
SG
SN
SH
SYR
SAARC
SPCE
SHI
SCRS
SENVKGHG
SYRIA
SWE
STEINBERG
SIPRS
ST
SNARIZ
SSA
SK
SPCVIS
SOFA
SIPDIS
SAN
TC
TI
TBIO
TH
TSPL
TRGY
TSPA
TPHY
TU
TW
TS
TAGS
TK
TX
TNGD
TZ
TF
TL
TV
TN
TD
TIP
TR
TP
TO
TT
TFIN
THPY
TERRORISM
TINT
TRSY
TURKEY
TBID
US
UK
UNGA
UP
UZ
UNMIK
USTR
UNO
UNSC
UN
UNESCO
UNAUS
UNHRC
UY
UG
UNHCR
UNCND
USOAS
USEU
UNICEF
UNEP
UV
UNPUOS
UNCSD
USUN
UNCHR
UNDC
USNC
UE
UNDP
UNC
USPS
USAID
UNVIE
UAE
UNFICYP
UNODC
UNCHS
UNIDROIT
UNDESCO
UNCHC
Browse by classification
Community resources
courage is contagious
Viewing cable 07WELLINGTON158, YEAR 2007 SPECIAL 301 REVIEW - NEW ZEALAND
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #07WELLINGTON158.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
07WELLINGTON158 | 2007-02-21 05:37 | 2011-04-28 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Wellington |
VZCZCXRO2693
RR RUEHNZ
DE RUEHWL #0158/01 0520537
ZNR UUUUU ZZH
R 210537Z FEB 07
FM AMEMBASSY WELLINGTON
TO RUEHC/SECSTATE WASHDC 3902
INFO RUEHNZ/AMCONSUL AUCKLAND 1187
RUEHBY/AMEMBASSY CANBERRA 4746
RUEATRS/DEPT OF TREASURY WASHDC
RUCPDOC/USDOC WASHDC 0115
UNCLAS SECTION 01 OF 03 WELLINGTON 000158
SIPDIS
SIPDIS
SENSITIVE
STATE FOR EB/IPE - JENNIFER BOGER and EAP/ANP - DAN RICCI
STATE PLEASE PASS TO USTR FOR JENNIFER CHOE GROVES
STATE PLEASE PASS TO USPTO
COMMERCE FOR CASSIE PETERS ITA/MAC/OIPR
E.O. 12985: N/A
TAGS: KIPR ETRD ECON PREL NZ
SUBJECT: YEAR 2007 SPECIAL 301 REVIEW - NEW ZEALAND
REF: A. STATE 07944
¶B. WELLINGTON 138
¶1. (SBU) Summary: Post recommends that New Zealand (GNZ) not/not be
placed on the Special 301 List in 2007. The country's overall
commitment to the protection of intellectual property (IPR) is
relatively high as compared to most countries cited in the Special
301 review. The government continues to move ahead in updating its
intellectual property laws in compliance with international
standards, with major revisions to the Patents Bill and the
Copyright Amendments Bill ("New Technologies and Performers' Rights
Bill") expected to be finalized in 2007. Moreover, New Zealand
generally provides adequate and effective protection of intellectual
property rights under current legislation. Post remains in contact
with local IP industry representatives and the Ministry of Economic
Development to help ensure that the pending legislation reflect
industry's concerns and are passed as scheduled. Placing New
Zealand on the Special 301 list at this stage could backfire, as the
GNZ will see it as punishment even though NZ is doing the right
thing. End summary.
IPR Overview
-------------
¶2. (U) Post remains engaged in an ongoing dialogue with both IP
industry representatives and government agencies to help improve IPR
laws and strengthen GNZ's commitment to enforcement. The proposed
amendments to the Copyright Act 1994 now before a Parliamentary
Committee are intended to ensure that the act reflects current
developments in digital technologies and international developments
in copyright law. Post has made the GNZ aware
of industry's concern that portions of the new law dealing with the
treatment of Technological Protection Measures (TPM); exception for
incidental copying; ISP liability limitation; library digital
dissemination; time shifting; and computer program exceptions will
need to better address international minimum standards. Regarding
patent protection, the GNZ released a draft Patents Bill in 2005
which is expected to be given its first reading in the early part of
¶2007. While this revision to the patent regime is expected to bring
NZ's level of protection up to international standards, Post has
seconded industry's recommendation that the current bill should
include provision for patent term restoration that are in keeping
with international best practices. These developments, though
notwithstanding the need for technical adjustments, are a positive
indication that the GNZ is committed to moving forward on enhancing
the level of intellectual property protection. The following
comments are keyed to topics in ref. A.
PhRMA's PWL recommendation
--------------------------
¶3. (SBU) While the pharmaceutical industry urges that New Zealand be
placed on the priority watch list (PWL), post continues to believe
that the industry's restricted access to New Zealand's market stems
primarily from the cost containment strategies for subsidized drugs.
The government affiliated Pharmaceutical Management Agency
(PHARMAC) is mandated to spend less than its budget allows, and the
pharmaceutical industry has a number of legitimate complaints about
its treatment in the purchasing process. However, these industry
concerns are not IPR problems. While Post will continue to work to
improve access for US pharmaceuticals in New Zealand, we believe
this should be dealt with as a market-access barrier and not as a
failure to protect intellectual property. Even the pharmaceutical
industry trade association here, Researched Medicines Industry
Association of New Zealand (RMI - affiliated with PhRMA), assesses
that the government's practices do not violate its TRIPS
commitments.
¶4. (SBU) The national medicines policy is currently under review by
the Ministry of Health, and a parliamentary notice and comment
period will take place through the first quarter of 2007. If
successful, changes to the national medicines purchasing strategy
would be implemented in early 2008. This process would fulfill a
promise to the Labor government's coalition partner, the United
Future Party, to improve NZ public access to medicines; to extend
the use of quality medicines; and to use medicines more rationally.
There is currently a well publicized public debate, for example,
about access to Herceptin for the treatment of breast cancer. This
debate continues to bring pressure on PHARMAC to review/improve its
funding policies in order to allow wider access to innovative
medicines. This pressure is not likely to subside over the coming
year as a number of patients have already filed law suites
WELLINGTON 00000158 002 OF 003
challenging PHARMAC's policies. Meanwhile, the press continues to
give the matter extensive coverage.
¶5. (SBU) While the level of IP protection for pharmaceuticals is
adequate, Post agrees that it is in New Zealand's and our best
interests to complete work on the draft Patents Bill this year in
order to ensure that New Zealand's patent regime reflects enhanced
standards in international patent protection. We believe the better
course of action is to continue to work/consult with the GNZ to
ensure industry's concerns are reflected in pending legislation.
Designation of PWL at this time with the threat of possible trade
sanctions may not yield the changes the pharmaceutical industry
seeks but may embolden the government to claim its current policies
are protecting the population against an avaricious pharmaceutical
industry. It is equally difficult to make the case for an IP
violation when PhRMA has not been able to estimate the amount of
damages for 2006 attributable to a lack of IPR or restricted market
access.
IIPA's Special Mention of New Zealand's IP Regime
--------------------------------------------- ----
¶6. (U) As IIPA noted in its submission, New Zealand's government in
December 2006 unveiled the long-anticipated Copyright (New
Technologies and Performer's Rights) Amendment Bill. This extensive
amendment to New Zealand's copyright law contains many valuable
improvements but some provisions remain problematic for industry.
Post agrees with IIPA's recommendation that a more effective course
of action would be to continue to engage the government in order to
ensure that the draft legislation provides more useful tools for
dealing with piracy. Post has already presented the list of noted
shortfalls in the draft legislation to the Ministry of Economic
Development, the agency primarily responsible for drafting
legislation and monitoring IP enforcement. Post has engaged Bronwyn
Turley, Senior Policy Advisor to the GNZ for intellectual property
issues to begin a dialogue to address the needed technical
corrections.
Prior Years' Special 301 Issues
-------------------------------
¶7. (U) Ref B is the formal response by the government of New Zealand
to issues raised in prior years' Special 301 submissions by
industry. As noted previously, New Zealand law continues to allow
parallel importation in certain defined circumstances. In 2003, a
partial ban on parallel importation of films (including VHS, VCD and
DVDs) was introduced. The Copyright (Parallel Importation of Films
and Onus of Proof) Amendment Act amended provisions of the Copyright
Act relating to infringement by importation. The ban bars parallel
import of any film within nine months of it first being made
available to the public, whether in New Zealand or elsewhere. The
only exceptions are parallel imports of films for the importer's
private and domestic use. The partial ban contains a five year
sunset clause and will be reviewed again in 2008.
¶8. (U) In conversations with local film industry representatives
W.J. Hood of Film and Video Labeling Body (FVLB) and Tony Eaton of
New Zealand Federation Against Copyright Theft (NZFACT - affiliated
with MPAA), Post Econoff learned that industry and government
Ministers whose portfolios deal with copyright issues are discussing
ways to further strengthen New Zealand's IPR enforcement. Both
Judith Tizard, Assoc. Minister of Commerce and Trevor Mallard,
Minister of Economic Development are positively inclined to extent
the partial ban beyond 2008. According to industry, an increasing
number of GNZ Ministers are now aware of the positive benefits of a
strong IP regime for both New Zealand's economic development and
increased tax revenues, especially as New Zealand's domestic film
industry plays a more pronounced role on the international stage.
¶9. (U) Post is unaware of any new legislation related specifically
to domestic protection of traditional knowledge or expressions of
folklore. However, the proposed changes to the Patents Act 1953
include a provision to set up a Maori consultative committee that
would advise the patents commissioner on whether a patent
application pertains to an invention that is derived from Maori
traditional knowledge, indigenous plants or animals, and whether the
commercial exploitation of such an invention would be contrary to
Maori values. New Zealand continues to express a right to avail
itself of the various exclusions and exceptions contained in the
TRIPS Agreement.
Enforcement
-----------
WELLINGTON 00000158 003 OF 003
¶10. (U) The New Zealand government says it is committed to enforcing
its IPR-related laws adequately and effectively, and created new
criminal offenses for trademark infringements and increased
penalties for copyright infringements under the Trade Marks Act
2002, which entered into force in August 2003. In most instances,
the government responds to complaints raised by rights holders
rather than initiating action against IP infringers. Those
complaints have been relatively few, and so the government does not
track enforcement-related statistics, such as civil and criminal
penalties. The government lacks a central body to coordinate the
sharing of information on illegal IP activities and enforcement
efforts. There is an effort underway to set-up a new office within
New Zealand Customs by mid 2007 that will be exclusively dedicated
to IP enforcement issues. We are not aware of any industry
complaints related to Trade Mark enforcement in New Zealand.
¶11. (U) Currently, New Zealand Customs can confiscate and destroy
pirated products if the holder of the trademark or copyright has
requested that Customs detain the goods. That request is valid for
five years and can be renewed. Customs does not have the power to
prosecute, but rights holders can pursue relief through civil
lawsuits and have 10 working days to do so after the goods are
detained. Otherwise, the goods are released or, at the importer's
request, destroyed. The provisions apply only to trademarks and
copyright registered in New Zealand. Customs has no authority to
detain infringing IP goods from being exported. Almost all the
infringing goods imported into New Zealand originated in Asia,
particularly China, and most of the intercepted and investigated
goods were clothing, footwear and headwear. The number of pirated
CDs and DVDs intercepted by Customs has declined sharply, after
peaking in early 2005. While it appears that CDs and DVDs are
increasingly being copied to order within New Zealand, making
detection of local production increasingly difficult, industry has
an ongoing cooperative dialogue with local authorities to better
police IPR as new forms of piracy are detected. The New Zealand
Department of Internal Affairs has had some success, however, in
stemming domestic sales of pirated and counterfeit products by
closing down e-auction sites.
Conclusion
----------
¶12. (U) Post maintains that, despite certain technical deficiencies
in the pending revisions to the intellectual property laws now
before Parliament, there remains a strong commitment on the part of
the GNZ to continue to improve its IPR regime and bring it into
conformance with international standards. GNZ's enforcement of
current IP laws also reflects the government's proactive stance as
they learn and adapt to help stem new forms of piracy. While there
is additional work to be done to strengthen the law and enhance
enforcement, Post recommends the better course of action is to
engage the GNZ and monitor the progress of IP legislation rather
than place New Zealand on this year's watch list.
McComick