MBIE seeks public submissions on TPP patent term extensions

MBIE seeks public submissions on TPP patent term extensions

Consultation on regulations implementing the patent term extension provisions in the Trans-Pacific Partnership Amendment Bill.

The Trans-Pacific Partnership (TPP) is a free trade agreement that will liberalise trade and investment between twelve countries, including New Zealand.

While most provisions of the TPP intellectual property chapter are consistent with New Zealand’s existing intellectual property regime, some legislative change is required before the agreement can be ratified.

The Ministry of Business, Innovation and Employment (MBIE) has released a consultation document seeking feedback on proposed Regulations to implement the patent term extension provisions set out in the TPP Amendment Bill. These provisions will allow patent owners to request an extension of the patent term if there has been:

  • an unreasonable delay in the granting of a patent; or
  • an unreasonable curtailment of the effective term of a patent covering a pharmaceutical substance or biologic pharmaceutical due to delays in Medsafe’s marketing approval process.

Public submissions are now being invited by MBIE on this consultation document. The closing date for submissions is Monday, 8 August 2016.

For a copy of the consultation document and more information on making a submission, please visit MBIE's website.

For more information on the consultation document and the submissions process, please email TPP.IP.Policy@mbie.govt.nz.

Published on July 11, 2016