27 October 2023
Ref: DOIA 2324-0752
Mr Wayne Hudson
Email:
[FYI request #24324 email]
Dear Mr Hudson,
Thank you for your email of 3 October 2023 to the Ministry of Business, Innovation and Employment
requesting, under the Official Information Act 1982 (OIA), the following information:
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
The particular wording in question refers to paragraph four of the
Patent Attorney page on the IPONZ
website:
"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"
Response
This wording was first published on the IPONZ webpage in February 2017. The webpage was reviewed
and updated in May 2023, when this wording was largely retained. We have provided relevant
documentation from both updates.
Please find the documentation relevant to your request
attached. A summary of the documentation can
be found below, corresponding to the bookmarks in the attachment.
Relevant documentation for the 2017 website content update:
A draft of web content from 27 January 2017, prior to the addition of the wording.
An email dated 1 February 2017 from an internal subject-matter expert.
An attachment to the email dated 1 February 2017, which contains proposed content that
includes the wording.
A draft of web content from 3 February 2017, which integrates the proposed content and
includes the wording.
An email dated 20 February 2017 from a content writer, referring to a final content draft.
A change record CCL-663 that reflects management approval of this revision, among other
actions.
A draft of web content from 22 February 2017, which reflects the approved content for
publication on the IPONZ website.
2
Relevant documentation for the 2023 website content update:
A draft of web content from 13 February 2023, which reflected the wording on the IPONZ website
prior to review.
A draft of web content from 21 February 2023, which reflects proposed changes to content and a
partial change to the wording.
An email dated 23 February 2023 from a content writer, referring to a content draft for review.
A change record CCL-938 that reflects management approval of this revision, among other
actions.
A draft of web content from 19 May 2023, which reflects the approved content revisions for
publication on the IPONZ website.
Please note, information that is out of scope of your request has been removed from the enclosed
documents. Some information has also been withheld under section 9(2)(a) of the OIA to protect the
privacy of natural persons. I do not consider that the withholding of this information is outweighed by
public interest considerations in making the information available.
I trust you find the information helpful. You have the right to seek an investigation and review by the
Ombudsman of this decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
If you wish to discuss any aspect of your request or this response, or if you require any further assistance,
please contact
[email address].
Yours sincerely,
Gaby Cowcill
Manager Patents and Designs, IPONZ
Business and Consumer Branch