| Rec |
Summary
of the content of the recommendation |
Decision |
| 10.1 |
Amend
the Plant Variety Rights Act 1987 to introduce the concept of essential
derivation |
Agreed
in principle the Plant Variety Rights Act 1987 be amended to introduce
the concept of essential derivation subject to the outcome of decisions
on a review of the Plant Variety Rights Act 1987, to be undertaken
in tandem with Stage 3 of the current review of the Patents Act 1953.
|
| 10.2 |
Amend the Patents Act 1953 to add a specific exclusion of patentability of human beings and the biological processes for their generation |
Agreed the Patents Act 1953 be amended by adding a specific exclusion to patentability of human beings and the biological processes for their generation
Agreed that the non-patentability of individual genes be considered further in the course of the review of the Patents Act 1953. |
| 10.3
|
"To
establish a Maori Consultative Committee for the Intellectual Property
Office" |
Agreeda
Maori consultative committee be established, but that its scope and
role be confirmed following public consultation as part of Stage 3
of the review of the Patents Act 1953 |
| 10.4 |
New Zealand be proactive in pursuing cultural and intellectual property rights for indigenous peoples internationally |
AgreedNew Zealand be proactive in pursuing cultural and intellectual rights for indigenous peoples internationally Directedofficials to implement recommendation 10.4 of the Commission as a guiding principle for participation in relevant international fora. |
| 10.5
|
"To pursue the amendment of the WTO/TRIPS agreement and associated conventions to include a reference to the avoidance of cultural offence as a specific ground for exclusion or reservation
" |
Directed
officials from the Ministry of Economic Development, Te Puni Kokiri
and Ministry of Foreign Affairs and Trade to:
-
support the concept of 'exclusion or reservation on the basis of cultural offence' through work currently being progressed through the World Intellectual Property Organisation, and the development of a new system for the protection of Maori 'cultural and intellectual property'
-
be alert for opportunities which may arise in the World Trade Organisation TRIPS context.
|
| 10.6 |
To resolve the Wai 262 and Wai 740 claims as soon as possible |
Agreed with the Commission's recommendation 10.6 that all parties concerned work to resolve the Wai 262 and Wai 740 claims currently before the Waitangi Tribunal as soon as possible . |
| 10.7
|
HSNO
and ACVM be amended to give appropriate protection to all commercially
sensitive or confidential supporting information provided with applications
for approval |
Directed
officials from the Ministry of Agriculture and Forestry and Ministry
for Environment to undertake consultation with key stakeholders to
determine what level of protection is appropriate for commercially
sensitive or confidential supporting information provided with applications
for approval, with a view to amending the Hazardous Substances and
New Organisms Act 1996 and the Agricultural Compounds and Veterinary
Medicines Act 1997. |