Ref: 2324-0751

 

Dear Wayne Hudson

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 03 October 2023 requesting under the Official
Information Act 1982 (the Act), the following:

 

‘MBIE's website describes the Trans-Tasman patent attorney registration
regime at
[1]https://aus01.safelinks.protection.outlo...
It contains a statement that "Only a registered patent attorney may
provide you with professional assistance to ... get advice on the validity
of patents and their infringement.  It is an offence for anyone else to
either provide such assistance...."

 

According to section 274(10) of the Patents Act, it is not an offence for
someone who is not a patent attorney to give scientific and technical
advice on the validity and infringement of patents.

 

Can you therefore please provide me with all information, internal memos
and correspondence that resulted in the decision to use the particular
wording on MBIE's website as a substitute for the legislative definition
for offences (which effectively allows anyone to give scientific and
technical advice on the validity and infringement of patents).’

 

We will endeavour to respond to your request as soon as possible, and no
later than 01 November 2023, being 20 working days after the day your
request was received. If we are unable to respond to your request by then,
we will notify you of an extension of that timeframe.  If you have any
enquiries regarding your request feel free to contact us via email to
[2][MBIE request email].

 

Nâku noa, nâ

 

Ministerial Services

Corporate, Governance and Information  |   Ngâ Pou o te Taumaru

Ministry of Business, Innovation & Employment

15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

 

References

Visible links
1. https://www.mbie.govt.nz/have-your-say/r...
2. mailto:[MBIE request email]

Ref: 2324-0752

 

Dear Wayne Hudson

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 03 October 2023 requesting under the Official
Information Act 1982 (the Act), the following:

 

‘Further to my OIA request made earlier today, it appears that similar
wrong wording appears on IPONZ's website at
[1]https://aus01.safelinks.protection.outlo...

"Only a registered patent attorney in New Zealand – or a registered New
Zealand patent attorney firm – may act on behalf of someone else for gain
(such as payment) to ... dispense advice on the validity of patents and
their infringement.  It is an offence for anyone else to provide these
patent services"

 

As mentioned in my earlier request, the Patents Act allows anyone (not
just a registered patent attorney) to give scientific or technical advice
on the validity and infringement of patents.

 

I would therefore appreciate it if you could provide me with all
information, memos and correspondence that led to the decision to use the
particular wording on IPONZ's website instead of the correct legislative
definition, which excludes from the offences provision, giving scientific
or technical advice on the validity and infringement of patents.

’

 

We will endeavour to respond to your request as soon as possible, and no
later than 01 November 2023, being 20 working days after the day your
request was received. If we are unable to respond to your request by then,
we will notify you of an extension of that timeframe.  If you have any
enquiries regarding your request feel free to contact us via email to
[2][MBIE request email].

 

Nâku noa, nâ

 

Ministerial Services

Corporate, Governance and Information  |   Ngâ Pou o te Taumaru

Ministry of Business, Innovation & Employment

15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

 

 

References

Visible links
1. https://www.iponz.govt.nz/patent-attorne...
2. mailto:[MBIE request email]

Kia ora Wayne,

 

Please find attached a response to your Official Information Act request
from the Ministry of Business Innovation and Employment.

 

Ngā mihi

 

 

Tasha

Ministerial Services Advisor TWSD Ministerial Services

Group Business Management, Strategy, Performance & Design

Te Whakatairanga Service Delivery

Ministry of Business, Innovation and Employment

15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140

 

Kia ora Wayne

 

Please find attached a response to your Official Information Act request.

 

Ngā mihi

 

Matthew

 

 

Principal Ministerial Advisor

Building Resources and Markets

[1]Description: cid:image001.jpg@01CE732A.1A2F9630

 

References

Visible links

Ref: 2324-0979

 

Dear Wayne Hudson

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 01 November 2023 requesting under the Official
Information Act 1982 (the Act), the following:

 

‘Thank you for your reply, in which you said "The paragraph was drafted by
a senior advisor working with IP Australia on the joint review of the
Trans-Tasman patent attorney registration regime. The particular choice of
words used to describe the regime on the consultation page do not appear
to have been subject to any internal decision-making process. "

 

Without knowing who your "senior advisor" is or was, if he or she is a
patent attorney, it is not beyond the realms of possibility that the
phrase "(other than of a scientific or technical nature)" was
deliberately, but misleadingly, omitted. 

 

Regardless of who was responsible for the mistake or deliberate omission
of the relevant phrase, please arrange for the wording on the relevant
sections of the websites of MBIE, IPONZ and Callaghan Innovation to be
corrected, to ensure that the public are aware that lay advisers can in
fact provide technical and scientific advice on the validity and
infringement of patents.

 

In addition, please provide all information around your consideration of
s274(10) of the Patents Act and the inclusion of section 274(9) and (10)
when they were inserted (from the Australian legislation):

 

“Compare: Patents Act 1990 ss 201, 201A (Aust); Arrangement between the
Government of Australia and the Government of New Zealand Relating to
Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e)”

 

“Section 274: inserted, on 24 February 2017, by section 5 of the Patents
(Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016
No 89).”’

 

We will endeavour to respond to your request as soon as possible, and no
later than 29 November 2023, being 20 working days after the day your
request was received. If we are unable to respond to your request by then,
we will notify you of an extension of that timeframe.  If you have any
enquiries regarding your request feel free to contact us via email to
[1][MBIE request email].

 

Nâku noa, nâ

 

Ministerial Services

Corporate, Governance and Information  |   Ngâ Pou o te Taumaru

Ministry of Business, Innovation & Employment

15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

 

References

Visible links
1. mailto:[MBIE request email]

Kia ora Mr Hudson

 

Please find attached a letter regarding your request.

 

Ngâ mihi

 

Matthew

 

 

Principal Ministerial Advisor

Building Resources and Markets

[1]Description: cid:image001.jpg@01CE732A.1A2F9630

 

 

 

-----Original Message-----

From: Wayne Hudson <[2][FOI #24324 email]>

Sent: Wednesday, 1 November 2023 3:04 pm

To: *OIA <[3][email address]>

Subject: Re: DOIA 2324-0751 - Response to your official information act
request

 

Dear Ms Gillian Sharp

Manager, Corporate Governance and Intellectual Property Policy Small
Business, Commerce and Consumer Policy Branch

 

Thank you for your reply, in which you said "The paragraph was drafted by
a senior advisor working with IP Australia on the joint review of the
Trans-Tasman patent attorney registration regime. The particular choice of
words used to describe the regime on the consultation page do not appear
to have been subject to any internal decision-making process. "

 

Without knowing who your "senior advisor" is or was, if he or she is a
patent attorney, it is not beyond the realms of possibility that the
phrase "(other than of a scientific or technical nature)" was
deliberately, but misleadingly, omitted. 

 

Regardless of who was responsible for the mistake or deliberate omission
of the relevant phrase, please arrange for the wording on the relevant
sections of the websites of MBIE, IPONZ and Callaghan Innovation to be
corrected, to ensure that the public are aware that lay advisers can in
fact provide technical and scientific advice on the validity and
infringement of patents.

 

In addition, please provide all information around your consideration of
s274(10) of the Patents Act and the inclusion of section 274(9) and (10)
when they were inserted (from the Australian legislation):

 

“Compare: Patents Act 1990 ss 201, 201A (Aust); Arrangement between the
Government of Australia and the Government of New Zealand Relating to
Trans-Tasman Regulation of Patent Attorneys, 2013 cl 3.3(e)”

 

“Section 274: inserted, on 24 February 2017, by section 5 of the Patents
(Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016
No 89).”

 

Yours sincerely,

 

Wayne Hudson

 

-----Original Message-----

 

Kia ora Wayne

 

 

 

Please find attached a response to your Official Information Act request.

 

 

 

Ngâ mihi

 

 

 

Matthew

 

 

 

 

 

Principal Ministerial Advisor

 

Building Resources and Markets

 

[1]Description: [4]cid:image001.jpg@01CE732A.1A2F9630

 

 

 

References

 

Visible links

 

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Please use this email address for all replies to this request:

[5][FOI #24324 email]

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[6]https://aus01.safelinks.protection.outlo...

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

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References

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2. mailto:[FOI #24324 email]
3. mailto:[email address]
4. file:///tmp/cid:image001.jpg@01CE732A.1A2F9630
5. mailto:[FOI #24324 email]
6. https://fyi.org.nz/help/officers

hide quoted sections

Dear Mr Hudson,
 
Please find attached the response to your Official Information Act 1982
request of 1 November 2023.
 
Kind regards,
 
Vanessa Cook [1](she/her)
NATIONAL MANAGER, CRIMINAL PROCEEDS INTEGRITY AND ENFORCEMENT (Acting)
 
Market Integrity | Te Whakatairanga Service Delivery | Ministry of
Business, Innovation and Employment
 
[2][email address] | Telephone: +64 (0)9 928 2683
Level 1, 162 Victoria Street West, Auckland 1010 | PO Box 5004, Victoria
Street West, Auckland 1142
[3]NZBN 9429000106078
 
 
 

References

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1. https://www.publicservice.govt.nz/our-wo...
2. mailto:[email address]
3. https://www.nzbn.govt.nz/mynzbn/nzbndeta...