This book addresses two core questions: what is the law in New Zealand when it comes to patents and what is the policy behind the law?
These seemingly simple questions are both complex and sometimes even unanswerable in the New Zealand context. Using Intellectual Property Office of New Zealand decisions, case law, international treaties, government documents and scholarly writings, this book examines the operations and details of the patent system.
Highlighted in the book are changes to the law introduced by the Patents Act 2013; the dearth of appellate decisions in the field; and the lack of any clear policy goals other than largely unsubstantiated references to innovation.
Patent Law and Policy indicates how gaps in the law might be filled and suggests directions that New Zealand might take in patent law and policy, in light of its particular situation as a predominantly patent-importing and small-market economy.
A must-have for practitioners, scholars and students alike, the book includes cutting edge discussion of international legal developments, Māori interests and the patent system, and trade agreements.
• Frankel, Intellectual Property in New Zealand, 2nd ed, 2011
• Sumpter, Trade Marks in Practice, 3rd ed, 2015
Table of contents
Chapter 1: The Justifications for and History of Patent law
Chapter 2: Māori, Innovation and Patents
Chapter 3: International Patent Law
Chapter 4: Subject Matter and Exclusions
Chapter 5: Patentability Criteria
Chapter 6: Selection Patents and Patents of Addition
Chapter 7: The Application Process and the Nature, Term and Ownership of the Grant
Chapter 8: Infringement and Remedies
Chapter 9: Opposition, Re-examination and Revocation
Chapter 10: Pharmaceutical Patents and Patent-Related Regulation Outside of the Patents Act
Chapter 11: Computer Software and Business Method Patents
Chapter 12: Gene-Related Patents
Appendix: Historic Relationships between New Zealand’s Patent Acts and other Jurisdictions