NEW ZEALAND

Back to Around the World

Patent Term
20 years from date of filing

Pharmaceutical Patent Extension?
No.

The Patents Amendment Act 1994 repealed the provision for providing patent extensions

Bolar Provision
Yes. Section 68B Patents Act 1953.

The "Regulatory Review Exception” (s 68B) modelled on the “springboarding” provision in the Canadian Patents Act was introduced into the Patents Act 1953 in December 2002.

This provision allows for the production, sale or use of a patented product, without the patentee's permission, for uses “reasonably related” to the development and submission of information require for the purpose of obtaining marketing approval either in New Zealand of overseas.

The exception represents a far greater restriction on a pharmaceutical patentee's monopoly rights in New Zealand and is broader than section 119A of the Australian Patents Act.

As yet there has not been any judicial consideration of s 68B.

References
http://www.piperpat.co.nz/patlaw/patact.html
http://www.jpo.go.jp/saikine/nz.htm

Prepared for IP Organisers by Dr Grace Chan, David Tadgell and Virginia Beniac-Brooks, Phillips Ormonde & Fitzpatrick - November 2007.