A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Tuesday, 3 September 2013

the news you've been expecting: nothing in the NZ Act on SPCs

New Zealand's Patents Act, which seems to have been in the pipeline for longer than most of us can remember -- or care to remember -- has now become a reality. With this reality comes the unsurprising news that our Antipodean brethren have made no specific provision for patent term extension for pharmaceutical or agrochemicals. According to New Zealand-based law firm Simpson Grierson
"The new Act does not introduce patent term extension for pharmaceuticals, meaning New Zealand remains out of step with most of its major trading partners. This may not be the end of the story, however. With the Trans-Pacific Partnership negotiations far from complete, this is one area that will continue to receive focus, possibly leading to the new Act's amendment to provide for patent term extensions".
This blogger wonders whether this is a prophetic statement or a little bit of wishful thinking, given the recent willingness of New Zealand's near-but-distant neighbours Australia to take a long, hard look at the entire primciple of patent terme extension.

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