Patents Bill May Exclude Computer Programs from Patent Protection
24 September 2012
The Parliamentary Commerce Select Committee has reported back on the Patents Bill, with a suggested amendment that would exclude all computer programs from patent protection, according to Wellington based AJ Park partner Matt Adams.
Adams reports that the Ministry of Economic Development was considering a wording amendment that would allow the patenting of some computer programs. “The amendment was expected to bring the wording of the exclusion closer to the restriction contained in the European Patent Convention,” Adams wrote on AJ Park’s website.
“However, Commerce Minister Simon Power [has announced] that he considers a further amendment to the Patents Bill is neither necessary nor desirable,” Adams says. “He instructed the Intellectual Property Office of New Zealand (IPONZ) to develop guidelines to allow the patenting of some computer programs.”
IPONZ has granted patents for computer program inventions for over a decade, Adams says.
“While considering the Bill, the Committee heard from several submitters calling for the specific exclusion of computer software from patentability,” he says. “Many submitters argued there can be no ‘inventive step’ in software development as all ‘new’ software builds on existing software.”
Adams says the firm expects the Bill to proceed to a second reading “in the next few months,” and that IPONZ would circulate draft Patent Regulations for comment. “At that time we expect IPONZ will also develop the guidelines required by the Minister,” Adams says.
New Advertising Code Focuses on Children and Food
New Zealand’s Advertising Standards Authority (ASA) has launched a new code called the Children’s Code for Advertising Food. The code is intended to provide clear guidance to advertising agencies, marketers and consumers on food advertising with strong appeal to children.
The code requires advertisers to take special care with this kind of advertising, to uphold the role of parents in educating their children to have a balanced diet, and not to mislead about the nutritional value of any food.
The changes come out of a review of the three-year old codes, conducted by a panel of public, industry and government representatives and initiated last year by the ASA. The Code for Advertising of Food and the Code for Advertising to Children have also been updated.
A 12-month review process considered 46 submissions from a broad range of stakeholders including Food Standards Australia New Zealand, the New Zealand Nutrition Foundation, the Cancer Society, the Ministry of Health, the Green Party, McDonalds Restaurants New Zealand and the Marketing Department of the University of Otago.
ASA executive director Hilary Souter said the new code reflects a desire for industry, government and NGOs to work collectively in the best interests of children’s health and there had been broad support from submitters for this approach.
“The Code specifies, and enforces, the high degree of responsibility the public expect of advertising agencies and marketers toward children,” she said.
Other changes include:
• Not promoting inactive or unhealthy lifestyles
• Not undermining the importance of consuming a variety of foods
• Taking care not to mislead about foods low in sugar or fat regarding energy content or health benefits
The ASA will be providing information and conducting a “how to” seminar to provide advertisers and agencies with practical advice on how to adhere to the codes, Souter said.
