Power Simon: Trade Marks (International Treaties and Enforcement) Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
Power Simon: Trade Marks (International Treaties and Enforcement) Amendment Bill — Second Reading 
[Sitting date: 16 August 2011. Volume:675;Page:20957. Text is incorporated into the Bound Volume.] 
Hon SIMON POWER (Minister of Commerce) 
: 
 I move  
That the Trade Marks (International Treaties and Enforcement) Amendment Bill be now read a second time 
. This bill was introduced by the previous Government. It amends the Trade Marks Act 2002 with two clear objectives in mind. The first objective is to ensure that procedures for registering trademarks are aligned with international standards to minimise regulatory and business compliance costs associated with the protection of trademarks. The bill ensures that trademark registration procedures conform to the international standards set out in the nice agreement— 
Hon Members 
: Ha ha! 
Hon SIMON POWER 
: —it has been a long long week—the Nice Agreement Concerning— 
Grant Robertson 
: Very nice. 
Hon SIMON POWER 
: It was a nice agreement—it was the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks and the Singapore Treaty on the Law of Trademarks. Joining these World Intellectual Property Organization treaties is an important step in the process of harmonising our regimes for the protection of trademarks. To further the single economic market with Australia the Ministry of Economic Development is also working with IP Australia to further harmonise our respective trademarks registration procedures not covered by the Nice agreement and the Singapore treaty.  
The bill also amends the Trade Marks Act to facilitate the implementation of the international registration regime for trademarks provided for by the so-called Madrid agreement. The aim of the Madrid agreement is to reduce business compliance costs associated with registering trademarks in overseas jurisdictions. Joining the Madrid Protocol will provide New Zealand businesses with the opportunity to have their trademarks protected in up to 84 countries by filing one application in English with the Intellectual Property Office of New Zealand and paying one fee.  
Hon Rick Barker 
: One fee.  
Hon SIMON POWER 
: One fee.  
The second objective of this bill is to reduce the trade in New Zealand of counterfeit trademarked goods and pirated copyright works. This is particularly timely legislation as we approach the Rugby World Cup and with it all the economic opportunities for local producers of merchandise. Counterfeiting and piracy affects the profitability of legitimate businesses undermines productivity and threatens the jobs of many honest and hard-working New Zealanders. The bill clarifies that customs officers are able to seize counterfeit goods and pirated works at the border and undertake investigations to gather evidence to enable importers of counterfeit and pirated goods to be prosecuted. Furthermore the Customs Service will be able to require a person connected with the importation of the goods to produce documents or to appear and answer questions related to those goods. The bill also creates a new enforcement role for the Ministry of Economic Development under the Copyright Act and Trade Marks Act enabling so-called enforcement officers to seek and gather evidence to bring criminal prosecutions against counterfeiters and pirates. Enforcement officers will also have— 
Hon Rick Barker 
: Arrr! 
Hon SIMON POWER 
: —not those sorts of pirates—a limited non-warranted search power to enter public places and businesses open to the public in order to examine and seize illicit goods being displayed for sale.  
At this time I thank the Foreign Affairs Defence and Trade Committee for its consideration of the bill and for its sensible recommendations. These include the insertion of a new clause 13A to clarify section 96(1) of the Trade Marks Act which provides for no infringement for certain continuous use of an unregistered trademark. The select committee also recommended changes to clause 22A governing the appointment of the Commissioner of Trade Marks and assistant commissioners in order to align their functions and powers to their counterparts under the Patents Bill. The Ministry of Economic Development enforcement officers will also be given an additional investigative power to more closely align them with their counterparts in the Customs Service. The select committee recommended that new subsection 134V(1) be amended to give the courts the authority to order seized items found to be infringing to be forfeited to the rights-holders in consistency with the general provisions under section 128 of the Trade Marks Act and sections 134 and 202 of the Copyright Act.  
This bill recognises the importance of trademarks as an essential marketing tool for businesses enabling consumers to recognise their products and services. By providing protection against the unauthorised use of trademarks the Government is creating incentives for businesses to invest in quality products and services. I commend this bill to the House.