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Anti-counterfeiting bill passes first reading

Wednesday 8 April 2009, 10:42AM

By Simon Power

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A bill aimed at cracking down on the importation and sale of counterfeit goods and pirated works passed its first reading in Parliament last night and was sent to select committee.

The Trade Marks (International Treaties and Enforcement) Amendment Bill was introduced in September last year. It allows the Ministry of Economic Development and the Customs Service to investigate and prosecute offenders involved in the manufacture, importation, and sale of illegal goods.

Commerce Minister Simon Power says the bill sends a clear message to those who deal in counterfeit goods that the Government will not tolerate criminal activity in any form.

"The sale of counterfeit goods is a growing problem that is hurting the productivity and financial viability of many businesses. It also threatens the health and safety of New Zealanders.

"Enforcement action by the Ministry of Economic Development and Customs will complement police investigations and, more importantly, extend current enforcement activity at the border."

Mr Power says he welcomes the greater criminal enforcement action provided by the bill.

"But it does not replace strong, effective, civil action by the owners of trade marks and copyright. The responsibility for enforcing intellectual property rights still lies with them."

The bill will also enable New Zealand to join three international trade marks treaties which will reduce business costs associated with protecting trade marks, especially for firms looking to market their goods and services overseas.

Mr Power says this reduction in compliance costs is a priority for the Government.

The three treaties are the Singapore Treaty on the Law of Trademarks, the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, and the Madrid Protocol Relating to the Madrid Agreement.