In November 2009 the Australia Government introduced legislation implementing the Agreement between Australia and New Zealand on Trans-Tasman Court Proceedings and Regulatory Enforcement. The Trans-Tasman Proceedings Bill 2010 was passed by both Houses of the Australian Parliament and is now awaiting Royal Assent.

The New Zealand Government introduced parallel legislation on 24 November 2009. The Bill received its first reading on 23 March 2010 and has been referred to a Parliamentary Select Committee. Submissions in the Bill are due by 7 May 2010 and the Select Committee’s Report is due on 29 July 2010.

On 23 February, the Copyright (Infringing File Sharing) Amendment Bill was introduced into New Zealand Parliament.

The Bill implements the Government’s decision to put in place an effective and credible regime for the enforcement of copyright against illegal file sharers.

Internet account holders who are allegedly infringing copyright via file sharing will receive up to three notices from their internet service provider before a copyright owner may seek a compensation award at the Copyright Tribunal, or suspension of an internet account for up to six months in the District Court.  The amount of an award may be up to $15,000.

The Bill has been drafted by the Parliamentary Counsel Office in conjunction with Ministry Economic Development and the Ministry of Justice and will proceed to the Select Committee in the coming months.

The Age newspaper has reported today on an increasing concern over the counterfeiting of rare and prestigious French wines. According to the article, the problem has risen with the price of fine wines although it is not yet on the same scale as with other luxury goods such as handbags.

Given the growth in super premium wine being produced in Australia and New Zealand, this highlights the need for Australian and New Zealand winemakers to be vigilant and ensure that their brand and labels are appropriately protected.

Winemakers should consider the extent of their trade mark rights, both in Australia and important overseas markets. In addition, winemakers should also ensure that they own any copyright subsisting in their logos and wine label.

In Australia, both registered trade marks and copyright can be lodged with the Australian Customs allowing Customs to seize any imported counterfeit goods under certain circumstances.

The New Zealand Trade Marks (International Treaties and Enforcement) Amendment Bill 2008 has been reviewed by the Foreign Affairs, Defence and Trade Select Committee, which made a number of minor recommendations.

If passed, the Bill will amend the Trade Marks Act 2002 and the Copyright Act 1994 to give effect to the Government’s decisions to ratify the Singapore Treaty and to accede to the Nice Agreement and the Madrid Protocol. It also seeks to strengthen the existing enforcement provisions.

The New Zealand Parliament has invited public submissions on the Trade Marks (International Treaties and Enforcement) Amendment Bill. The deadline is 15 May.

We reported on the introduction of the bill here. Information on the call for submissions and how to make them is here.

Further to our post on the requirement for ISPs to have a termination policy for repeat copyright infringers, the Government anounced on 23 March that Section 92 of the Copyright Act 1994, that imposed that requirement, will not come into force as proposed, but would be reviewed.

The announcement is here.

In response to legislative changes requiring ISPs to have a termination policy for repeat copyright infringers, the NZ Telecommunications Carriers’ Forum has released a draft ISP Copyright Code of Practice for public consultation.

Submissions on the draft code close at 5pm on Friday, 6 March 2009.

The Intellectual Property Office of New Zealand website has now improved its navigation, search and online transactions.

For more information about the changes click here

The Copyright (New Technologies) Amendment Act 2008, which received the Royal Assent on 11 April 2008, has amended infringement provision relating to the importation of films.

A person will now infringe copyright in a film if that person:

“(a) imports a copy of the film into New Zealand within 9 months of first being made available to the public; and
(b) knows or has reason to believe that the film is imported into New Zealand within 9 months of first being made available to the public; and
(c) is not the licensee of the copyright in New Zealand; and
(d) imports the film into New Zealand other than for that person’s private and domestic use.”