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NZ-The EU free Trade agreement will see New Zealand amend its geographical indication laws
date: 2023-08-24

2023 years 7 month, New Zealand signed with the European Union "NZ-Eu Free trade Agreement" . The implementation of the agreement will require amendments to New Zealand "2006 Annual geographical indication (Wine and spirits) Registration law" .


7 Beginning of month, The Prime Minister of New Zealand and the President of the European Commission jointly announced, A free trade agreement between New Zealand and the European Union has been signed.


As part of the agreement, New Zealand has agreed to protect the treaty 2000 European Geographical indication, Used in various foods and beverages. In return, The European Union has agreed to protect geographical indications for wines and spirits registered in New Zealand.


New Zealand, for its part, in order to meet the requirements of the Agreement, Need pair "2006 Annual geographical indication (Wine and spirits) Registration law" modify. therefore, New Zealand Ministry of Business Innovation and Employment (MBIE) The bill has been under review, To advise the Government on what changes are needed.


To inform this review, MBIE in 2022 years 11 A discussion paper was released in October, The problems related to the protection of registered geographical indications are discussed, include:


-Whether the registration system should be extended beyond wines and spirits, and


-Enforcement of geographical indications.


Submissions received on the discussion paper are now available MBIE Publish on the website.


"2006 Annual geographical indication (Wine and spirits) Registration law" examine


The New Zealand cabinet has now agreed yes "2006 Annual geographical indication (Wine and spirits) Registration law" modify, To protect European geographical indications. The changes include new enforcement measures against violations, These measures will relate to "2002 Trademark act" The regulations remain consistent. The changes mainly include:


-Registration of EU geographical indications in accordance with No 42 Article established in the register of geographical indications;


-Create a program, So that any EU request for the protection of new or additional geographical indications is subject to a domestic examination and objection procedure administered by the Registrar of Geographical Indications, And only by the New Zealand Intellectual Property Office (IPONZ) Approved intellectual property can only be registered after an agreement between New Zealand and the EU is concluded;


-Provide a New Zealand basis for all registered geographical indications "NZ-Eu Free trade Agreement" There is an obligation to apply the same standards of protection to EU geographical indications;


-On the basis of "2002 Trademark act" Provide civil proceedings to the trademark owner, Measures and remedies, To address the problem of infringement of registered geographical indications;


-The power to authorize the High Court to hear and decide actions for infringement of registered geographical indications;


-To stipulate the procedures for administrative enforcement of registered geographical indications by the Ministry of Primary Industries, Measures and remedies.


MBIE Working with the Department of Foreign Affairs and Trade (MFAT) Cooperate in the preparation of an implementing act on the Agreement, The bill would cover the right "Geographical indication method" Modification of. The bill is expected to pass 2023 To Parliament by the end of the year.


In connection with "NZ-Eu Free trade Agreement" More information, Include pairs "Geographical indication method" Modification of, addressable MFAT Official website.


What is a geographical indication


A geographical indication identifies a product as coming from a specific location, And has a quality mainly attributed to the location, Reputation or other characteristics. Such as, The name Champagne refers to the sparkling wine from the Champagne region of France.


Interested parties can be found at IPONZ Find out more about geographical indications on the website. (Be compiled from www. iponz. govt. nz)


TRANSLATORS: Wang Dan proofread: Liu Peng



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