New Zealand introduced new Information Privacy Principle in the Privacy Amendment Bill
In a move to align with international standards, New Zealand introduced the Privacy Amendment Bill to the Parliament on September 5, 2023.
The bill aims to amend the Privacy Act 2020 by incorporating Information Privacy Principle (IPP) 3A, which outlines agencies’ obligation to inform individuals when their personal information will be collected from sources other than themselves. This change eliminates the requirement for agencies to inform individuals about the consequences of not providing the required information, a provision found in IPP 3. IPP 3A will be applicable to personal information collected from June 1, 2025, onwards.
Although this change might bring potential administrative burden, in the long run, it will change the situation of IP enforcement and rights of citizens in the better direction. This is necessary to align New Zealand with major trading partners like Australia and the EU for GDPR compliance.
Agencies need to consider not only the content but also the communication methods used when making additional disclosures under the new IPP, especially to individuals with whom they have no prior relationship.
Besides IPP 3A, the bill includes other amendments related to agencies’ responses to correction requests from data subjects and provisions concerning the personal information of minors. If enacted, these amendments will come into effect on June 1, 2025.
IP System of New Zealand
New Zealand has a robust and well-developed intellectual property (IP) system that aligns with international standards. The country’s IP protection covers copyrights, trademarks, patents, and designs.
In terms of copyrights, New Zealand protects literary, artistic, and musical works. Copyright protection is automatic upon the creation of the work and generally lasts for the lifetime of the author plus 50 years. New Zealand is a signatory to international agreements such as the Berne Convention, ensuring that the copyright protection extends to foreign works as well.
The trademark system in New Zealand is governed by the Intellectual Property Office of New Zealand (IPONZ). Trademarks can be registered, providing exclusive rights to the owner to use the mark concerning specific goods and services. The registration process involves a thorough examination to ensure there are no conflicts with existing trademarks.
For patents, New Zealand grants protection for new and inventive inventions. The country follows a first-to-file system, meaning that the first person to file a patent application for an invention is granted the patent rights. The patent protection lasts for 20 years from the filing date. International applicants can also apply for patents in New Zealand through the Patent Cooperation Treaty (PCT) route.
Regarding industrial designs, New Zealand offers protection for the visual design of an object. The design must be new and distinctive, and registration provides exclusive rights for up to 15 years.
New Zealand’s IP laws are enforced through legal measures to combat issues like counterfeiting and piracy. The country encourages innovation and creativity through its strong IP protection framework, promoting both domestic and international investments in research and development.
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– You could see the Procedure of Trademark in New Zealand here.
– You could also see the Required documents of filing trademark in New Zealand here.
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