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« Court Report -- Part II | Main | MBHB Webinar on Myriad-Mayo Guidance »

August 07, 2014


Could the writers tell us in what respects NZ has not completely harmonised with the EPC. From this report it looks to be harmonised, lock stock and barrel.

Following on from that, could the writers tell us the extent to which NZ will not continue to be guided by the patent law decisions of the UK's Supreme Court and, from now on, as in the UK, by the EPO's Enlarged Board of Appeal? There seems to be no reason why it should not.

The new law is generally intended to bring the law up to date and harmonise it with other major jurisdictions. However the specific wording used in the new Act borrows from the present New Zealand (1954) Act (which was based on the UK 1949 Act), the UK 1977 Act, the Australian 1990 Act and other countries.

Where a court decision in another jurisdiction concerns a section with the same wording as the new Act it is likely to be persuasive in New Zealand, but not binding. However, as the wording in the Act has been drawn from a number of different sources, it is likely not all UK or European case law will be applicable.



the official text of the act and regulations if anyone is curious.

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