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Correct classification of "leasing access time to computer databases"
From time to time the Office receives applications that include the wording “leasing access time to computer databases”. IPONZ practice has changed in relation to the classification of this service in light of international best practice.
Current best practice in overseas jurisdictions indicates that this wording is most appropriate in class 38. The following table reflects the position in the overseas jurisdictions from which IPONZ takes guidance on this matter.
Country | Specification wording | Correct Classification |
Australia | “Providing access to databases” | 38 |
United Kingdom
| "Leasing of access time to a computer database" “Rental of access time to a computer database” “Providing access to computer databases” | 38 |
United States: | “Providing access to databases” Notably, "leasing access time to a computer database in the field of {indicate subject matter or field}" was struck out of class 42 for the following reasons – "It is confusing content and access providers. At the time it was originally included in the Manual, it was clearly a separate service. Now that content providers can build their own databases, the leasing of time to access those databases is ancillary to providing the database itself and should not be considered a separate service. DO NOT USE THIS LANGUAGE". | 38 |
The Practice Guideline on Section 31 and 32 – Annexure to Computer Services has been amended to align with overseas practice. The table in the section of the CoAnnexure dealing with “Databases” has been amended as follows:
Specification | Class |
Computerised database management | 35 |
Leasing access time to a computer database | 38 |
Storage services for archiving databases, images and other electronic data | 39 |
Database development services | 42 |
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