Goldsmith Paul: Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill — First ReadingText is incorporated into the Bound VolumeGoldsmith Paul: Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill — First Reading[Sitting date: 09 February 2016. Volume:711;Page:8805. Text is incorporated into the Bound Volume.]Hon PAUL GOLDSMITH (Minister of Commerce and Consumer Affairs): I move That the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Bill be now read a first time. I nominate the Commerce Committee to consider the bill. This bill amends the Patents Act 2013 and includes measures to build on Australia and New Zealand Closer Economic Relations. The Patents Act 2013 came into force on 13 September 2013 and was a significant step toward driving innovation in New Zealand. It replaced 60-year-old legislation and introduced a patent system in New Zealand that is tailored to the 21st century. Significantly it also aligned our patent system more closely with that of Australia. In doing so it enables measures to be taken to build on Australia and New Zealand Closer Economic Relations to further integrate trans-Tasman regulation.Currently most patent applications filed in New Zealand are also filed in Australia. Each application undergoes a separate examination process in each country to determine whether the application relates to a patentable invention and therefore whether or not a patent should be granted. Importantly each country examines its application to determine whether the invention claimed is new involves an inventive step and is useful. This results in significant duplication of effort and resources to perform essentially the same task.Part 1 of this bill provides for the implementation of a single patent examination process and a single examination process for Australia and New Zealand. Single more efficient patent application and examination processes will remove duplication for both businesses and intellectual property offices of Australia and New Zealand. These processes have the potential to create significant savings for businesses and exporters needing professional advice and related services for obtaining patent protection. It will also make it easier for businesses to protect their inventions in both countries. A business will be able to prepare and file one patent application and pay one fee to either IP Australia or the Intellectual Property Office of New Zealand granting a patent in Australia and New Zealand.The bill allows for IP Australia and the Intellectual Property Office of New Zealand to develop work-sharing arrangements for the examination of patent applications. For example it will enable patent applications for the same invention to be examined by a single examiner in either country. This will eliminate duplication of examination effort by IP Australia and the Intellectual Property Office of New Zealand. The process will however take account of differences in national patent laws and result in two separate and independent patents. Each patent would be tailored to the specific and individual laws of Australia and New Zealand.Part 2 of the bill implements a single trans-Tasman regulatory framework for Australian and New Zealand patent attorneys. Patent attorneys are a small profession providing specialist advice to businesses on the protection and exploitation of intellectual property rights. The regulation of New Zealand patent attorneys has remained essentially unchanged for more than 60 years and because of this the framework falls well short of modern standards for occupational regulation. With the majority of Australian and New Zealand patent attorneys being registered to practise in both countries a single regulatory framework will mean patent attorneys will be regulated under a modern occupational regulatory framework. It will save them time and costs because they are able to practise on both sides of the Tasman it will break down barriers to patent attorneys offering their service on a trans-Tasman basis and it will encourage competition within the profession for the benefit of businesses that need their services.The bill seeks to implement the framework as set out in theArrangement between the Government of Australia and the Government of New Zealand Relating to Trans-Tasman Regulation of Patent Attorneys. The framework will include a single register of patent attorneys maintained by IP Australia a trans-Tasman intellectual property attorneys board to administer the qualifications regime and investigate complaints about patent attorneys and a trans-Tasman intellectual property attorneys disciplinary tribunal to determine such complaints.The Government has worked closely with Australia to establish the framework and I am grateful to my Australian counterparts for their work in this area. This is a small but significant step forward for our economic relationship with an important trading partner and it will further the creation of a seamless trans-Tasman business environment. Once again I do thank the Australian Government for its cooperation and assistance in this endeavour and I commend this bill to the House. Thank you.