OIA0011917 final.pdf

From:
Sean Uy
To:
Gaby Cowcill; George Wardle
Subject:
RE: Review of IPOZ website regarding information about patent attorneys [UNCLASSIFIED]
Date:
Tuesday, 25 July 2023 4:48:22 pm
Thanks, all.
I’ve now logged this in JIRA as WEB-283, and have raised this with Sarah Luxenburger for
clearance to proceed with changes. Once we have approval to proceed, I’ll start drafting these
up for your review.
Kind regards
Sean Uy
SENIOR ENGAGEMENT ADVISOR
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: Gaby Cowcill <[email address]>
Sent: Tuesday, 25 July 2023 4:39 pm
To:
under the
George Wardle <[email address]>; Sean Uy <[email address]>
Subject: RE: Review of IPOZ website regarding information about patent attorneys
[UNCLASSIFIED]
Happy to agree with you both – thanks George for the feedback and Sean for capturing!
From: George Wardle <[email address]>
Sent: Tuesday, 25 July 2023 1:34 pm
To: Sean Uy <[email address]>; Gaby Cowcill <[email address]>
Subject: RE: Review of IPOZ website regarding information about patent attorneys
Released
[UNCLASSIFIED]
Thanks Sean
Great summary. I suggest one minor tweak in red below.
Official Information Act 1982
George Wardle
SENIOR ADVISOR
Corporate Governance and Intellectual Property Policy Team
Buildings, Resources and Markets
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 (4) 978 3196
Pastoral House, 25 The Terrace, Wellington | PO Box 1473, Wellington 6140, New Zealand
NZBN 9429000106078
1

From: Sean Uy <[email address]>
Sent: Tuesday, 25 July 2023 12:00 pm
To: George Wardle <[email address]>; Gaby Cowcill
<[email address]>
Subject: RE: Review of IPOZ website regarding information about patent attorneys
[UNCLASSIFIED]
Hi all
As discussed during our meeting today, I’ve noted the items of feedback below. Please let me
know if this is correct, or if I’ve left out anything.
Once we have a final list, I’ll enter an item in JIRA for our records.
Apply for a Patent page
The reference to patent attorneys near the top of the Apply for a Patent page is
inaccurate: “Preparation of a patent specification is a complex matter. We recommend
you contact a patent attorney for professional assistance.” may imply that patent
attorneys primarily only help with specifications.
The reference to patent attorneys could be expanded to provide more information on
how patent attorneys can provide assistance. This can also link to the Patent Attorneys
section and/or directly to the trans-Tasman register.
under the
The second reference to patent attorneys on this page is buried in the section on required
documents (“You can only make an application for a patent on behalf of someone else for
gain (such as payment) if you're a registered New Zealand patent attorney.”). This should
probably be more up front, possibly at the top of the page.
This second reference is technically inaccurate: You could be an AU registered attorney,
for example.
Patent Attorneys section (main page, feedback may be applicable to sub-pages)
In the Patent Attorneys page, the sub-pages are not immediately obvious.
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It may help to display links to these sub-pages from the top of the main page.
There is a general lack of information making it clear to readers that patent attorneys
under the regime can operate in both NZ and AU.
For example, under the “Seeking patent representation” section, the bullet points
end up being inaccurate due to the limited references to jurisdiction.
Some paragraphs seem to use “services” and “advice” interchangeably, when these are
not the same thing. For example, the last paragraph under “Seeking patent
Official Information Act 1982
representation” mentions “services, when “advice” or “services including advice” would
be more accurate.
In the last paragraph under “Seeking patent representation”, the mention of restrictions
in Australia seems out of context.
The “Finding a patent attorney” section describes the register as an “IP attorneys
register”, when this is actually a “patent attorneys register”. Note that although the
register includes attorneys qualified to provide trade marks advice, these are specific to
Australia.
Similar to the above, the mention of “services” should probably also be “advice”.
2

The administration of the register is handled by the Designated Manager, not the Board
itself.
Making a complaint page
The mention on contacting the NZ Law Society is a little out of left field. Consider
providing more context on NZLS and complaints regarding NZ lawyers, notably the
presence of a code of conduct and the fact that lawyers can’t give advice that lies beyond
their specialisations.
Consider adding more information about appeals to decisions made by the Disciplinary
Tribunal, and the appeals process.
Need to review and determine the extent to which we provide information on
appeals.
Kind regards
Sean Uy
SENIOR ENGAGEMENT ADVISOR
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
under the
-----Original Appointment-----
From: George Wardle <[email address]>
Sent: Monday, 17 July 2023 11:19 am
To: George Wardle; Gaby Cowcill; Sean Uy
Subject: Review of IPOZ website regarding information about patent attorneys [UNCLASSIFIED]
When: Tuesday, 25 July 2023 10:00 am-10:30 am (UTC+12:00) Auckland, Wellington.
Where: MEET WLG STOUT 5.05 (8, VC)
To discuss compliance with section 272 of the Patents Act 2013 and in particular the relevant
webpages about patent attorneys including statutory required information about:
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the code of conduct for patent attorney
consequence of profession misconduct and unsatisfactory profession conduct by patent
attorneys
the role and decisions of the disciplinary tribunal
how the how the Trans-Tasman Proceedings Act 2010, the Evidence Act 2006, and the
Official Information Act 1982
Trans-Tasman Proceedings Act 2010 (Aust) apply to the joint registration regime
the role of the Appeals Tribunal and
the application of the Administrative Decisions (Judicial Review) Act 1977 (Aust).
Including information that clarifies that a TT registered patent attorneys are able to operate
across both Australia and New Zealand.
Including information on webpages regarding patents and apply for a patent for clients to better
understand and know that patent attorneys are able to help prepare and file patent applications,
3

including drafting of patent specifications. Although there is at the very bottom of the IPONZ
home page there is a ‘quick link’ to the page about patent attorneys, there is nothing that would
lead a visitor to the two webpages about patent attorneys.
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Official Information Act 1982
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under the
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under the
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From:
Gaby Cowcill
To:
Steve Smith
Cc:
Sean Uy
Subject:
RE: Patent Attorney page revisions (draft) (IN-CONFIDENCE)
Date:
Friday, 8 December 2023 2:00:57 pm
Attachments:
RE s274 Matter UNCLASSIFIED.msg
image001.png
image002.jpg
Thanks Steve!
Appreciate you starting to look through this.
In return, just to make sure you’re both up-to-date on the broader context & progress:
The investigation under s 274 to which the current webpage is relevant remains ongoing, so we’re not going to be making
any update just yet.
It would be great to have draft finalised and ready for when the investigation is complete – I don’t have a timeframe for
that.
The MBIE page that covers similar matter is here: https://www.mbie.govt.nz/business-and-employment/business/intellectual-
property/the-trans-tasman-patent-attorney-registration-regime/
If it assists for wording, George has indicated here’s not going to be changing this content in light of Mr Hudson’s feedback.
I’ve also attached some preliminary comments on the draft from Bryce, who is assisting with the investigation itself.
Have a great weekend s 9(2)(a)
!
Gaby
Out of Scope
under the
Released
Official Information Act 1982
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Out of Scope
under the
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Official Information Act 1982
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Out of Scope
under the
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Out of Scope
From: Sean Uy <[email address]>
Sent: Tuesday, 28 November 2023 11:34 am
To: Gaby Cowcill <[email address]>
Cc: Sarah Luxenburger <[email address]>; Steve Smith <[email address]>
Subject: RE: Patent Attorney page revisions (draft) (IN-CONFIDENCE)
Hi Gaby and Steve
Noted, we won’t move on this unless we’re comfortable to make the update.
under the
That said, please note that one option is for us to proceed with the changes with the exception of those done with DOIA 2324-
0752 in mind. This just covers the statements that the ability of a patent attorney to dispense advice on the validity of patents and
their infringement does not restrict others from providing advice a scientific or technical nature. If we’re not comfortable with
including the DOIA 2324-0752-related updates here, we can simply leave them for a future date.
Kind regards
Sean Uy
SENIOR ENGAGEMENT ADVISOR
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
Released
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: Gaby Cowcill <[email address]>
Sent: Tuesday, 28 November 2023 8:41 am
To: Sean Uy <[email address]>
Cc: Sarah Luxenburger <[email address]>; Steve Smith <[email address]>
Subject: RE: Patent Attorney page revisions (draft) (IN-CONFIDENCE)
Official Information Act 1982
Thanks Sean
I will put some time aside to review – Steve can you please do likewise and comment in the attached if anything is incorrect.
Please note that the related investigation on this is ongoing, and as such I am not sure of the timing of any update yet – there may
be implications for the investigation and we don’t want to affect that.
So to be clear – thanks for drafting, but can we please not update until I have approved.
Thanks,
Gaby
10

From: Sean Uy <[email address]>
Sent: Friday, 24 November 2023 5:09 pm
To: Sarah Luxenburger <[email address]>; Gaby Cowcill <[email address]>; Steve Smith
<[email address]>
Subject: RE: Patent Attorney page revisions (draft) (IN-CONFIDENCE)
Hi all
I’ve gone over my previous draft of revisions for the Patent Attorney pages. This is now ready for review:
https://mako.wd.govt.nz/otcs/llisapi.dll/Overview/144346018
The drafted revisions include the following items. These also take George Wardle’s feedback into account, which I’ve recorded via
WEB-283.
I’ve added some introductory content to the main Patent Attorneys page, which includes links to our pages on the joint
trans-Tasman registration regime so that these are easier to find.
I’ve “entwined” information about patents advice and general IP advice into the main Patent Attorneys page. This mainly
discusses patent attorneys, but now also includes references to people who might be looking for legal advice on other IP
types.
For users who are looking for patents advice, the draft provides a link to the trans-Tasman attorneys register.
For users who are looking for general IP advice, the draft provides a link to the New Zealand Law Society directory.
I’ve revised our content on patent attorney services to clarify that the provision of advice does not cover items of a scientific
or technical nature, in line with discussions on DOIA 2324-0752.
Adjusted a number of references to clarify that registered patent attorneys in Australia are able to provide patent services
(including advice) in New Zealand.
Please note that I’ve also taken readability into account – the current draft should be readable at about a Grade 10/11 reading
level at worst.
Let me know if you’d like to discuss this further.
under the
Kind regards
Sean Uy
SENIOR ENGAGEMENT ADVISOR
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: Sean Uy
Released
Sent: Monday, 20 November 2023 1:38 pm
To: Sarah Luxenburger <[email address]>; Gaby Cowcill <[email address]>; Steve Smith
<[email address]>
Subject: RE: DOIA 2324-0752: Follow up actions (IN-CONFIDENCE)
Hi Sarah
Noted, I’ll likely combine these.
Official Information Act 1982
I plan to revisit the draft when the workload eases up a bit, as we previously noted this as a low-priority update. That said, let me
know if you want to move this to active work.
Kind regards
Sean Uy
SENIOR ENGAGEMENT ADVISOR
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
11

From: Sarah Luxenburger <[email address]>
Sent: Monday, 20 November 2023 1:16 pm
To: Sean Uy <[email address]>; Gaby Cowcill <[email address]>; Steve Smith <[email address]>
Subject: RE: DOIA 2324-0752: Follow up actions (IN-CONFIDENCE)
Hi Sean
Thanks for this
Caught up with Gaby earlier and we agree that the page should refer people to the trans-Tasman IP attorneys register.
Thanks
Sarah
From: Sean Uy <[email address]>
Sent: Monday, 20 November 2023 10:07 am
To: Sarah Luxenburger <[email address]>; Gaby Cowcill <[email address]>; Steve Smith
<[email address]>
Subject: RE: DOIA 2324-0752: Follow up actions (IN-CONFIDENCE)
Hi all
It’s worth noting that I’ve already drafted something in relation to WEB-283 at the following location. We just haven’t actioned this
as we’ve had a number of other priorities since September.
https://mako.wd.govt.nz/otcs/llisapi.dll/Overview/144346018
This draft should already address a good amount of the feedback from George, although we still need to consider the following:
Should the Patent Attorney pages include resources for people looking for legal advice, or should we leave this solely to
under the
Patent Attorney regime matters?
These pages currently direct users to the trans-Tasman IP attorneys register if they are looking for IP advice. This is
workable for people who are looking for consultation on patents, but not necessarily for other IP types or general IP
consultation.
One option is to point to the New Zealand Law Society website, which contains a directory of members who
specialise in intellectual property: NZLS | Get legal help (lawsociety.org.nz)
If the Patent Attorney pages are not intended provide references for people seeking legal advice, we can replace any
such references around the website with links to the TTIPA register and/or the NZLS register.
The DOIA 2324-0752 feedback.
Let me know what you think. However, we at least have a partial draft for this already.
Released
Kind regards
Sean Uy
SENIOR ENGAGEMENT ADVISOR
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
Official Information Act 1982
From: Sarah Luxenburger <[email address]>
Sent: Monday, 20 November 2023 8:43 am
To: Gaby Cowcill <[email address]>; Sean Uy <[email address]>; Steve Smith <[email address]>
Subject: RE: DOIA 2324-0752: Follow up actions (IN-CONFIDENCE)
Sounds good to me Let’s chat!
From: Gaby Cowcill <[email address]>
Sent: Monday, 20 November 2023 8:38 am
To: Sean Uy <[email address]>; Steve Smith <[email address]>
Cc: Sarah Luxenburger <[email address]>
12

Subject: RE: DOIA 2324-0752: Follow up actions (IN-CONFIDENCE)
Hi Sean
I was aware of the other OIA & its suggestion, but only because George looped me in.
There is already some outstanding feedback on the attorney webpages which we haven’t addressed:
https://iponzjira.atlassian.net/browse/WEB-283
If we have capacity, I don’t mind putting the both together, since it would be a change to the same pages. Sarah, perhaps
something for us to discuss when we catch up today?
Gaby
From: Sean Uy <[email address]>
Sent: Friday, 17 November 2023 4:51 pm
To: Gaby Cowcill <[email address]>; Steve Smith <[email address]>
Cc: Sarah Luxenburger <[email address]>
Subject: DOIA 2324-0752: Follow up actions (IN-CONFIDENCE)
Hi Gaby and Steve
I note that the FYI.org.nz website currently contains a record of our response to DOIA 2324-0752 as of 30 October 2023. This is
followed by a response from MBIE on DOIA 2324-0751 as of 1 November 2023.
Patent attorney services - a Official Information Act request to Ministry of Business, Innovation & Employment - FYI
The client is currently engaged in a discussion with MBIE contacts in relation to the details of MBIE’s response. This discussion
seems to relate solely to DOIA 2324-0751, and does not seem to reference the information in the IPONZ response.
That said, in their discussion with MBIE, the client has asked that the “wording on the relevant sections of the websites of MBIE,
under the
IPONZ and Callaghan Innovation to be corrected, to ensure that the public are aware that lay advisers can in fact provide technical
and scientific advice on the validity and infringement of patents”. (Emphasis mine.) Because this response is currently with MBIE,
we may not necessarily have become aware of this just yet.
Given the above, would you like to consider clarifying the information on the IPONZ website accordingly? It might be worth logging
this as feedback for possible action.
Kind regards
Sean Uy
SENIOR ENGAGEMENT ADVISOR
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
Released
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
Official Information Act 1982
13

under the
Released
Official Information Act 1982

• one or more statements of skill from a New Zealand or Australian
resident patent attorney that the applicant has relevant patents-related
work experience (more details below).
Relevant patents-related work experience must include employment for at
least two years in a patent attorney firm or company, and experience in the
following skills:
• searching patent records
• preparing, filing and prosecuting patent applications in New Zealand,
Australia and other specified countries
• drafting patent specifications
• giving advice on the interpretation, validity and infringement of patents.
Incorporated patent attorney firms
Incorporated patent attorney firms may also be registered, and may provide
advice about patents.
To register, an incorporated firm must apply to the Designated Manager and
under the
provide the following:
• the name of each patent attorney director of the company
• evidence the company is registered in Australia or New Zealand
• evidence that the company has adequate and appropriate professional
indemnity insurance
• the prescribed registration fee.
All incorporated patent attorney firms must have at least one director who is
a patent attorney.
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Patent attorney partnerships
Patent attorney partnerships do not need to be registered. However, if a
partnership does not have at least one patent attorney partner, it is an
offence to describe or hold the partnership out as providing patents advice,
or to provide patents advice.
Limited partnerships
Official Information Act 1982
MBIE-MAKO-
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under the
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Official Information Act 1982

The Tribunal has also been declared to be a tribunal to which the Trans-
Tasman Proceedings Act 2010 applies. This means that any directions or
orders of the Tribunal may be recognised and enforced in New Zealand.

Section 152 of the Evidence Act 2006

Trans-Tasman Proceedings Act 2010

Where a New Zealand patent attorney is subject to a disciplinary hearing,
their legal representative and any witnesses from New Zealand are able to
appear remotely from New Zealand at a sitting of the Tribunal.

The Tribunal may also sit in New Zealand, and when it does so it has the
same powers and protections as it would if it was sitting in Australia.

When sitting in New Zealand the Tribunal may:
•  direct that the hearing or any part of the hearing be held in private;
•  require a person to leave the Tribunal;
•  prohibit or restrict publication of evidence or names of any party or any
witness;
under the
•  administer oaths in New Zealand.

Failure to comply with a direction or order of the Tribunal may be enforced by
a Judge of the High Court of New Zealand in the same manner as if the
direction or order of the Tribunal had been made by a Judge of the High
Court. This includes the power to punish for contempt for not complying with
a direction or order of the Tribunal.

Failure of a witness to comply with a subpoena from the Tribunal can result
in the High Court issuing a warrant to arrest the witness and bring them
before the court. The High Court may order the witness to pay a fine not
exceeding $1,000 for failure to comply with the subpoena.
Released

Reviews of decisions under the joint regime

Decisions of the Designated Manager, TTIPAB and Tribunal may be
reviewed by the Australian Administrative Appeals Tribunal, upon request.

Furthermore, someone aggrieved may also seek judicial review of the
Official Information Act 1982
decision in accordance with the Australian Administrative Decisions (Judicial
Review) Act 1977. Applications for judicial review need to be made to either
the Australian Federal Court or the Federal Circuit Court.

MBIE-MAKO-
29

Australian Administrative Decisions (Judicial Review) Act 1977 – Australia
Legislation
Australian Administrative Appeals Tribunal
The Administrative Appeals Tribunal (AAT) conducts independent merits
review of administrative decisions made under Australian Commonwealth
laws. In accordance with paragraphs 22.26 (2)(b), (c) and (d) of the
Australian Patents Regulations 1991 (Cth), most decisions of the Designated
Manager, the Board and the Tribunal may be reviewed on request by the
AAT.
The AAT reviews a decision “on the merits”. This means that it will take a
fresh look at the facts, law and policy relating to the decision and arrive at its
own decision. The AAT has the power to:
• affirm a decision;
• vary a decision;
• set aside a decision and substitute a new decision; or
• remit a decision to the decision-maker for reconsideration.
under the
Parties to AAT review may appeal a decision of the AAT to Federal Court or
the Federal Circuit Court on points of law. Unlike the Tribunal, the AAT does
not have the power to sit in New Zealand. However, New Zealanders may
participate in AAT sittings in Australia by teleconference or video conference.
Australian Administrative Appeals Tribunal – Administrative Appeals Tribunal
Offences under the joint regime
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There are a range of offences related to persons and companies who are not
registered under the joint regime for carrying on business, practising, acting
or holding themselves or their company out as a patent attorney or an agent
for obtaining patents.
Offences also apply to partners of partnerships and limited partnerships
carrying on business, practising or acting as a patent attorneys or patent
agents, or describing or holding the partnership out as a patent attorney or
Official Information Act 1982
an agent for obtaining patents.
Where an incorporated patent attorney firm is registered under the joint
regime, it is an offence for the incorporated patent attorney firm to not have a
MBIE-MAKO-
30

patent attorney director (except for an initial 7-day grace period requiring
notification to the designated manager).
Anyone convicted of committing any of these offences may be subject to a
fine of up to $6,000 for individuals / non-limited partnerships, or up to
$30,000 for companies / limited partnerships.
Documents prepared by lawyers
It is an offence for a lawyer to prepare a patent specification or a document
related to the amendment of a patent specification, or permit another person
to represent that the lawyer is entitled to do so, unless the lawyer is:
• also a registered patent attorney;
• acting under instruction of a registered patent attorney; or
• directed to do so by a court.
The penalty for being convicted of any of the above is a fine of up to $6,000.
Documents prepared by incorporated patent attorney firms and
under the
incorporated law firms
Neither an incorporated patent attorney firm nor an incorporated law firm
may permit an employee, who is not a registered patent attorney, to prepare
a patent specification or document related to the amendment of a patent
specification unless:
• the employee does so under the instruction or supervision of a
registered patent attorney; or
• the firm is directed to do so by a court.
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The maximum penalty for being convicted of doing so is a fine of $30,000.
Documents prepared by a member of a partnership or limited
partnership
A partner in a partnership, who is not a registered patent attorney, must not
prepare a patent specification or document related to the amendment of a
patent specification unless:
Official Information Act 1982
• the partner does so under the instruction or supervision of a registered
patent attorney; or
MBIE-MAKO-
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• the partner is directed to do so by a court.
The maximum penalty for doing so is a fine of $6,000.
Tribunal decisions
Past decisions made by the Tribunal are available on the TTIPAB website:
Past tribunal decisions – Trans-Tasman IP Attorneys Board
Notes
• Any sub headings in heading style 2 will appear in the ‘On this page’ in page bookmark links on the right
sidebar of the page. As such we recommend a character limit of 30 including spaces. For the practice
guidelines page template this goes up to 35 characters including spaces.
• Footnotes are not recommended online
under the
Released
Official Information Act 1982
MBIE-MAKO-
32

From:
Lena Groenendijk
To:
Edward Barclay; Sean Uy
Cc:
Megan Kelly; George Wardle; Gaby Cowcill
Subject:
RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Date:
Friday, 14 February 2025 2:39:35 pm
Thanks Ed and Sean, looks good, nothing glaring to me!
From: Edward Barclay <[email address]>
Sent: Friday, 14 February 2025 11:07 am
To: Sean Uy <[email address]>; Gaby Cowcill <[email address]>
Cc: Megan Kelly <[email address]>; George Wardle
<[email address]>; Lena Groenendijk <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Morning.
Looks good and thanks for reflecting what it says in the act under section 274. I am
relatively comfortable with the content, but have cc’d in Lena in case I’ve missed
something glaring around section 274 although I’m sure George will be capable of picking
that up as well.
Cheers
Ed
under the
From: Sean Uy <[email address]>
Sent: Friday, 14 February 2025 10:42 am
To: Gaby Cowcill <[email address]>; Edward Barclay
<[email address]>
Cc: Megan Kelly <[email address]>; George Wardle
<[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi all
Released
Megan and I have now drafted revisions for the Patent attorneys | Intellectual Property Office of
New Zealand section of the IPONZ website. These drafts are now ready for review.
https://mako.wd.govt.nz/otcs/llisapi.dll/Overview/168665666
Official Information Act 1982
These revisions take the following into account:
Publication of Ministerial letters relating to the Trans-Tasman registration regime
amendment. We don’t have the final copies of these letters yet, but we’ve set up the
drafts so that these can be inserted once available.
Replacement of all references to the Australian Administrative Appeals Tribunal (AAT)
with the Australian Administrative Review Tribunal (ART).
33

Changes due to feedback for this section of the website. Some of these items were
reviewed and recommended by Steve Smith in 2023/24, and include the following:
Revision of introductory paragraphs for the main Patent attorneys | Intellectual
Property Office of New Zealand page to clarify services that can only be provided by
registered patent attorneys
Addition of links to sub-pages so that these are more obvious to users
Clarification of advice for situations where a New Zealand lawyer provides patents
advice despite not being a registered patent attorney
Accessibility and formatting changes for some links.
Changes to external websites, which have resulted in some names and pages shifting
around. For example:
The Trans-Tasman IP Attorneys Board website is now called “Trans-Tasman IP
Attorneys Regulation”.
The Australia Legislation website now has the formal name “Federal Register of
Legislation”.
We’re still waiting for clearance on the Ministerial letters, so there’s no timeframe to review and
publish these draft changes just yet. However, finalising these drafts ahead of time will let us
move quickly when the time comes to make this update.
under the
Please let us know if you have any revisions or preferences to recommend.
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
Released
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: George Wardle <[email address]>
Sent: Wednesday, 5 February 2025 12:11 pm
To: Sean Uy <[email address]>; Megan Kelly <[email address]>
Cc: Gaby Cowcill <[email address]>; Edward Barclay
Official Information Act 1982
<[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Thanks Sean. I will be happy to liaise and collaborate with Megan regarding changes.
Yes, you are right references to the AAT will need changing in the description of how to
make a complaint. It is great that you recognised a little more work is required than I
initially signalled below.
34

Megan: I will be in touch probably later next week, once Minister Bayly has signed and sent
his letter and I have had a chance to discuss coordination with IP Australia.
Warm regards
George Wardle
SENIOR ADVISOR
Corporate Governance and Intellectual Property Policy Team
Buildings, Resources and Markets
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 (4) 978 3196
Ministry of Business, Innovation and Employment, 15 Stout Street, Wellington | PO Box
1473, Wellington 6140, New Zealand
NZBN 9429000106078
From: Sean Uy <[email address]>
Sent: Wednesday, 5 February 2025 11:27 am
To: George Wardle <[email address]>
Cc: Gaby Cowcill <[email address]>; Edward Barclay
<[email address]>; Megan Kelly <[email address]>
under the
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi George
Noted, thanks. We were anticipating this – please liaise with both me and Megan Kelly on this
one.
For the record, we’re looking changes to the following pages:
The joint trans-Tasman registration regime for IP attorneys | Intellectual Property Office
Released
of New Zealand, to publish the Ministerial letters.
Making a complaint against a registered trans-Tasman IP attorney | Intellectual Property
Office of New Zealand, to replace the references to the Australian Administrative Appeals
Tribunal. This is the only page on the IPONZ website that contains these references.
That said, we also have some lingering feedback from the last review of the Patent Attorneys
section of the IPONZ website, and we can also look at making small changes based on this
Official Information Act 1982
feedback along with the update.
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
35

[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: George Wardle <[email address]>
Sent: Wednesday, 5 February 2025 11:16 am
To: Sean Uy <[email address]>
Cc: Gaby Cowcill <[email address]>; Edward Barclay
<[email address]>
Subject: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi Sean
This is a heads up that we will require an amendment to the information on the IPONZ
website concerning the Trans-Tasman registration regime for patent attorneys before the
end of the month in collaboration with IP Australia and the information published on the TT
IP Attorneys Board website.  Can I please liaise with you in ensuring the update to the
website if undertaken in a timely manner?
Briefly, the Bilateral Arrangement providing for the trans-Tasman registration regime is
being amended by an exchange of Ministerial letters.  These Ministerial letters (the
initiating letter from the Australian Minister and rely letter from Minister Baylsy) will
therefore need to be published alongside the Bilateral Arrangement on the IPONZ website
under the
here, perhaps with a brief explanation of the change made by the exchange of Ministerial
letters.  The amendment to be implemented through the exchange of letters is for the
reference in the Bilateral Arrangement to the Australian Administrative Appeals Tribunal
(AAT)  to be read as the Australian Administrative Review Tribunal (ART).  Recent law
changes in the Australia resulted in the creation of ART and it has replaced the AAT.
I understand from IP Australia that the Board’s secretariate will send an email to all
registered patent attorneys about this matter in due course.
Released
Warm regards
George Wardle
SENIOR ADVISOR
Corporate Governance and Intellectual Property Policy Team
Buildings, Resources and Markets
Official Information Act 1982
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 (4) 978 3196
Ministry of Business, Innovation and Employment, 15 Stout Street, Wellington | PO Box
1473, Wellington 6140, New Zealand
NZBN 9429000106078
36

From:
Sean Uy
To:
Richard Butterfield; David Rotherham
Cc:
Megan Kelly
Subject:
RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Date:
Thursday, 20 February 2025 1:28:30 pm
Attachments:
image001.jpg
image002.jpg
Noted, thanks – will now set up development for publication on the 26th. Megan and I will be in
touch with George for coordination with other parties (e.g. IP Australia).
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: Richard Butterfield <[email address]>
Sent: Thursday, 20 February 2025 1:25 pm
To: David Rotherham <[email address]>; Sean Uy <[email address]>
Cc: Megan Kelly <[email address]>
Subject:
under the
RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Thanks for the nudge David,
Yes the changes look good to go for the 26th.
Ngā mihi,
Richard Butterfield (he/him)*
Manager Patents (Engineering) & Designs (Acting)
Released
Intellectual Property Office of New Zealand, Te Whakatairanga Service Delivery
Ministry of Business, Innovation and Employment
[email address] | Telephone: +64 4 978 3667
15 Stout Street, PO Box 1473, Wellington 6140, Wellington, New Zealand
Official Information Act 1982
www.iponz.govt.nz | NZ Freephone: 0508 447 669 | AU Freephone: 1800 796 338 | International: +64 3 962 2607
*If you’re wondering about the use of the pronouns he/him on this signature, read this article about how
sharing pronouns in this way can help create an inclusive and safe environment for transgender and
nonbinary colleagues.
37

IPONZ email signature
From: David Rotherham <[email address]>
Sent: Thursday, 20 February 2025 1:23 pm
To: Sean Uy <[email address]>
Cc: Megan Kelly <[email address]>; Richard Butterfield
<[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Kia ora Sean,
I’m happy to go ahead with the 26th Sean,
under the
Richard?
Ngā mihi,
Dr David Rotherham
TEAM LEADER PATENTS, BIOTECHNOLOGY
I work from home on Mondays & Wednesdays
Intellectual Property Office of New Zealand
Released
Business & Consumer Branch
Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 4 901 3843 | Mob: +64 021 241 6728
167b Victoria Street West, Auckland, New Zealand
www.iponz.govt.nz | NZ Freephone: 0508 447 669 | AU Freephone: 1800 796 338 | International: +64 3 962 2607
NZBN 9429000106078
Official Information Act 1982
38

IPONZ email signature
From: Sean Uy <[email address]>
Sent: Wednesday, 19 February 2025 12:13 pm
To: David Rotherham <[email address]>
Cc: Megan Kelly <[email address]>; Richard Butterfield
<[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi David
The MAKO file below reflects the most recent draft. I’ve since made some changes to clarify the
links to the Ministerial letters and clean up a couple of minor phrasing changes from George –
under the
nothing that would require a further review if you’ve done one already.
This is something that we elected not to run through change control as the updates are nominal
for the most part:
We’re mentioning the fact that the Trans-Tasman registration regime has been amended,
and publishing the Ministerial letters relating to this amendment.
We’re replacing a number of references to external sites and organisations:
Released
The Australian Administrative Appeals Tribunal (AAT) is now the Australian
Administrative Review Tribunal (ART).
The Trans-Tasman IP Attorneys Board website is now called “Trans-Tasman IP
Attorneys Regulation”.
The Australia Legislation website now has the formal name “Federal Register of
Legislation”.
Official Information Act 1982
We’re adding links to the sub-pages in the Patent Attorneys section so that these are
more visible to users.
We’re clarifying the services that can be provided by patent attorneys in the introductory
paragraphs on the main Patent Attorneys page.
We’re clarifying our advice for situations where a New Zealand lawyer provides patents
39

advice despite not being a registered patent attorney.
We’re fixing the formatting for some of the links.
These might not look like it at first glance, but they’re actually relatively small changes – they
don’t materially change or reorganise the Patents Attorney content for the most part, unlike
what we did for CCL-938. Some of these reflect remaining items of feedback from the CCL-938
effort, which were captured in WEB-283, and it’s worth noting that about half the feedback
items in WEB-283 have already been actioned.
If any concerns on whether we should run this via change control, please advise.
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
under the
From: David Rotherham <[email address]>
Sent: Wednesday, 19 February 2025 11:41 am
To: Sean Uy <[email address]>
Cc: Megan Kelly <[email address]>; Richard Butterfield
<[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi Sean,
Released
I have had a look at the changes IPONZ Website content update - Patent Attorney
Information changes (AAT change) - 5 February 2025
Assuming it was the most recent draft, but if there are more recent drafts would be good to
give them a once over.
Official Information Act 1982
Is this something that would/has been through change control? I note earlier CCL-938.
Looping in Richard as he is acting for Ed Barclay.
Ngā mihi,
Dr David Rotherham
TEAM LEADER PATENTS, BIOTECHNOLOGY
I work from home on Mondays & Wednesdays
40

Intellectual Property Office of New Zealand
Business & Consumer Branch
Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 4 901 3843 | Mob: +64 021 241 6728
167b Victoria Street West, Auckland, New Zealand
www.iponz.govt.nz | NZ Freephone: 0508 447 669 | AU Freephone: 1800 796 338 | International: +64 3 962 2607
NZBN 9429000106078
IPONZ email signature
From: Sean Uy <[email address]>
Sent: Tuesday, 18 February 2025 4:12 pm
To:
under the
George Wardle <[email address]>; Gaby Cowcill
<[email address]>; Edward Barclay <[email address]>; David
Rotherham <[email address]>
Cc: Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi all
Because we’ve prepared and have generally finalised the website content updates ahead of
time, we may be in a position where we can publish these updates as early as this week.
Released
That said, we will likely need clearance from the IPONZ Patents team in order to proceed with
these updates, and Gaby is out until 28 February. I’ve therefore CCed David here for his take on
this matter. Setting a clear date next week might also allow IP Australia and the TTIPAB some
time to organise their resources and schedule their publication around the same time.
Assuming that the above sounds good, I would propose that we target Wednesday, 26 February
Official Information Act 1982
for publication of these letters and the Patent Attorney content changes on the IPONZ website.
Would you have any concerns on the above date? Otherwise we can also aim for publication this
week if our preference is to get these released as soon as possible.
David – Let me know if you’d prefer that I send you copies of the current draft changes.
Kind regards
41

Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: George Wardle <[email address]>
Sent: Tuesday, 18 February 2025 3:48 pm
To: Sean Uy <[email address]>; Gaby Cowcill <[email address]>; Edward
Barclay <[email address]>
Cc: Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Great work Sean. Attached are copies of the two side letters for publication.
Sean/Megan: can you please confirm when you anticipate these letters will be published.
I need to let IP Australia and the TTIPA Board secretariate know as they will also be
published on Board’s website around the same time.
I have sent copies to MFAT as they will also publish them on the online treaties website
under the
database.
Thanks VM
George Wardle
SENIOR ADVISOR
Corporate Governance and Intellectual Property Policy Team
Buildings, Resources and Markets
Released
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 (4) 978 3196
Ministry of Business, Innovation and Employment, 15 Stout Street, Wellington | PO Box
1473, Wellington 6140, New Zealand
NZBN 9429000106078
Official Information Act 1982
From: Sean Uy <[email address]>
Sent: Monday, 17 February 2025 12:32 pm
To: George Wardle <[email address]>; Gaby Cowcill
<[email address]>; Edward Barclay <[email address]>
Cc: Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi all
42

I’ve now cleaned up the draft document to take George’s revisions into account.
Please note that I’ve reverted a couple of items where we’re not able to change references: For
example, the TTIPA website is named “Trans-Tasman IP Attorneys Regulation”, so we
unfortunately have to use this title whenever we refer to the website, despite our interests being
limited to patent attorneys. However, the majority of George’s revisions remain intact.
If no other preferences or changes, we’ll just wait for the letters to become available. Otherwise,
please let me know if you would recommend any further changes.
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: George Wardle <[email address]>
Sent: Friday, 14 February 2025 4:35 pm
under the
To: Sean Uy <[email address]>; Gaby Cowcill <[email address]>; Edward
Barclay <[email address]>
Cc: Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi Sean
That is right, we can’t rename the TTIPAB or the TTIPDT.
Released
George Wardle
SENIOR ADVISOR
Corporate Governance and Intellectual Property Policy Team
Buildings, Resources and Markets
Ministry of Business, Innovation & Employment
Official Information Act 1982
[email address] | Telephone: +64 (4) 978 3196
Ministry of Business, Innovation and Employment, 15 Stout Street, Wellington | PO Box
1473, Wellington 6140, New Zealand
NZBN 9429000106078
From: Sean Uy <[email address]>
Sent: Friday, 14 February 2025 3:12 pm
To: George Wardle <[email address]>; Gaby Cowcill
43

<[email address]>; Edward Barclay <[email address]>
Cc: Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi George
Yup, no worries – the changes were also intended to reduce the number of references to “IP
attorneys” for the reasons you’ve stated. That said, we might not be able to change every
reference (for example, the name of the Trans-Tasman IP Attorneys Board should probably
remain as is).
I’ll revisit this next week once we’ve all completed our initial reviews.
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
under the
From: George Wardle <[email address]>
Sent: Friday, 14 February 2025 2:46 pm
To: Sean Uy <[email address]>; Gaby Cowcill <[email address]>; Edward
Barclay <[email address]>
Cc: Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Thanks for sharing the proposed updates Sean. I have tracked a few minor changes
throughout the MAKO version, mostly related to technical edits to ensure the
Released
information/description is correct. I have also change references to IP attorneys to be
clear we are referring to patent attorney registration regime (and no other types of IP
attorney such as a lawyer or trade marks attorney) and deleted information about
Australian trade mark attorneys regime.
I am still waiting on the Minister’s Office to provide me with a signed copy of the Minister’s
letter in rely for you to publish.
Official Information Act 1982
Warm regards
George Wardle
SENIOR ADVISOR
Corporate Governance and Intellectual Property Policy Team
Buildings, Resources and Markets
Ministry of Business, Innovation & Employment
44

[email address] | Telephone: +64 (4) 978 3196
Ministry of Business, Innovation and Employment, 15 Stout Street, Wellington | PO Box
1473, Wellington 6140, New Zealand
NZBN 9429000106078
From: Sean Uy <[email address]>
Sent: Friday, 14 February 2025 10:42 am
To: Gaby Cowcill <[email address]>; Edward Barclay
<[email address]>
Cc: Megan Kelly <[email address]>; George Wardle
<[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi all
Megan and I have now drafted revisions for the Patent attorneys | Intellectual Property Office of
New Zealand section of the IPONZ website. These drafts are now ready for review.
https://mako.wd.govt.nz/otcs/llisapi.dll/Overview/168665666
under the
These revisions take the following into account:
Publication of Ministerial letters relating to the Trans-Tasman registration regime
amendment. We don’t have the final copies of these letters yet, but we’ve set up the
drafts so that these can be inserted once available.
Replacement of all references to the Australian Administrative Appeals Tribunal (AAT)
with the Australian Administrative Review Tribunal (ART).
Released
Changes due to feedback for this section of the website. Some of these items were
reviewed and recommended by Steve Smith in 2023/24, and include the following:
Revision of introductory paragraphs for the main Patent attorneys | Intellectual
Property Office of New Zealand page to clarify services that can only be provided by
registered patent attorneys
Official Information Act 1982
Addition of links to sub-pages so that these are more obvious to users
Clarification of advice for situations where a New Zealand lawyer provides patents
advice despite not being a registered patent attorney
Accessibility and formatting changes for some links.
Changes to external websites, which have resulted in some names and pages shifting
around. For example:
The Trans-Tasman IP Attorneys Board website is now called “Trans-Tasman IP
Attorneys Regulation”.
45

The Australia Legislation website now has the formal name “Federal Register of
Legislation”.
We’re still waiting for clearance on the Ministerial letters, so there’s no timeframe to review and
publish these draft changes just yet. However, finalising these drafts ahead of time will let us
move quickly when the time comes to make this update.
Please let us know if you have any revisions or preferences to recommend.
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: George Wardle <[email address]>
Sent: Wednesday, 5 February 2025 12:11 pm
To: Sean Uy <[email address]>; Megan Kelly <[email address]>
Cc: Gaby Cowcill <[email address]>; Edward Barclay
under the
<[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Thanks Sean.  I will be happy to liaise and collaborate with Megan regarding changes.
Yes, you are right references to the AAT will need changing in the description of how to
make a complaint.  It is great that you recognised a little more work is required than I
initially signalled below.
Released
Megan:  I will be in touch probably later next week, once Minister Bayly has signed and sent
his letter and I have had a chance to discuss coordination with IP Australia.
Warm regards
George Wardle
Official Information Act 1982
SENIOR ADVISOR
Corporate Governance and Intellectual Property Policy Team
Buildings, Resources and Markets
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 (4) 978 3196
Ministry of Business, Innovation and Employment, 15 Stout Street, Wellington | PO Box
1473, Wellington 6140, New Zealand
46

NZBN 9429000106078
From: Sean Uy <[email address]>
Sent: Wednesday, 5 February 2025 11:27 am
To: George Wardle <[email address]>
Cc: Gaby Cowcill <[email address]>; Edward Barclay
<[email address]>; Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi George
Noted, thanks. We were anticipating this – please liaise with both me and Megan Kelly on this
one.
For the record, we’re looking changes to the following pages:
The joint trans-Tasman registration regime for IP attorneys | Intellectual Property Office
of New Zealand, to publish the Ministerial letters.
Making a complaint against a registered trans-Tasman IP attorney | Intellectual Property
Office of New Zealand, to replace the references to the Australian Administrative Appeals
Tribunal. This is the only page on the IPONZ website that contains these references.
That said, we also have some lingering feedback from the last review of the Patent Attorneys
under the
section of the IPONZ website, and we can also look at making small changes based on this
feedback along with the update.
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
Released
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: George Wardle <[email address]>
Sent: Wednesday, 5 February 2025 11:16 am
To: Sean Uy <[email address]>
Official Information Act 1982
Cc: Gaby Cowcill <[email address]>; Edward Barclay
<[email address]>
Subject: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi Sean
This is a heads up that we will require an amendment to the information on the IPONZ
website concerning the Trans-Tasman registration regime for patent attorneys before the
end of the month in collaboration with IP Australia and the information published on the TT
47

IP Attorneys Board website.  Can I please liaise with you in ensuring the update to the
website if undertaken in a timely manner?
Briefly, the Bilateral Arrangement providing for the trans-Tasman registration regime is
being amended by an exchange of Ministerial letters.  These Ministerial letters (the
initiating letter from the Australian Minister and rely letter from Minister Baylsy) will
therefore need to be published alongside the Bilateral Arrangement on the IPONZ website
here, perhaps with a brief explanation of the change made by the exchange of Ministerial
letters.  The amendment to be implemented through the exchange of letters is for the
reference in the Bilateral Arrangement to the Australian Administrative Appeals Tribunal
(AAT)  to be read as the Australian Administrative Review Tribunal (ART).  Recent law
changes in the Australia resulted in the creation of ART and it has replaced the AAT.
I understand from IP Australia that the Board’s secretariate will send an email to all
registered patent attorneys about this matter in due course.
Warm regards
George Wardle
SENIOR ADVISOR
Corporate Governance and Intellectual Property Policy Team
Buildings, Resources and Markets
under the
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 (4) 978 3196
Ministry of Business, Innovation and Employment, 15 Stout Street, Wellington | PO Box
1473, Wellington 6140, New Zealand
NZBN 9429000106078
Released
Official Information Act 1982
48

From:
Sean Uy
To:
Edward Barclay; Gaby Cowcill
Cc:
Megan Kelly
Subject:
RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Date:
Tuesday, 11 February 2025 4:22:01 pm
Attachments:
image001.png
Hi Ed
I’m pretty sure we can work with that. Megan and I will discuss some draft wording, and we can then clarify this in a review.
We’ll start work on a draft, but will otherwise wait for updates from George.
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: Edward Barclay <[email address]>
Sent: Tuesday, 11 February 2025 10:35 am
To: Sean Uy <[email address]>; Gaby Cowcill <[email address]>
Cc: Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Thanks for the information.
Happy to generally push forward with the additional updates.
My concern (where there is some risk) would be around “Current content seems to use “services” and “advice” interchangeably when this is not
necessarily the case”.
under the
For context there has been some scrutiny around the scope of s274, and what encompasses infringement in this space. As long as we stick with
wording used in the act (see below) as best we can I think it would be beneficial to clarify the current mixture of ‘service’ and ‘advice’.
Once this has been drafted I (or my team) would be keen to review to ensure accuracy in this space.
Happy to discuss further if you need to.
Released
Cheers
Ed
From: Sean Uy <[email address]>
Sent: Monday, 10 February 2025 3:23 pm
To: Edward Barclay <[email address]>; Gaby Cowcill <[email address]>
Cc: Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
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Hi Gaby and Ed
The feedback items relate to responses following our last set of changes for the Patent Attorneys section in 2023. Some of this feedback has
already resulted in changes to website content, but we do have some remaining items that are awaiting action.
We got as far as drafting a set of changes to address these items (which went as far as a review from Steve Smith, with additional comments from
Gaby). That said, my recollection is that we opted not to make these changes as it was a bit too soon following the last update, and because we
believed that these pages were under some public scrutiny at the time.
I’ve summarised the most relevant items below. A more complete list of feedback items is noted on WEB-283.
The sub-pages on the trans-Tasman registration regime and attorneys are not obvious – consider adding links to these pages near the top
of the main Patent attorneys | Intellectual Property Office of New Zealand page.
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Current content seems to use “services” and “advice” interchangeably when this is not necessarily the case.
References to the Trans-Tasman register should refer to this as a “patent attorneys register” rather than an “IP attorneys register”, to
encourage users to visit the register if they are looking for a contact who is qualified to provide patents advice in New Zealand (rather than
general IP advice).
The feedback from Steve and Gaby in our original drafts was good enough that I think we can incorporate these changes to the current updates.
We don’t have to make changes in line with all of this feedback, but it seems likely that we will need to update all of the Patent Attorneys pages
due to the other changes below, and this would be a good opportunity to resolve multiple items in one stroke.
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: Edward Barclay <[email address]>
Sent: Monday, 10 February 2025 7:32 am
To: Gaby Cowcill <[email address]>; Sean Uy <[email address]>
Cc: George Wardle <[email address]>; Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Thank All,
To the point Gaby made, can you provide a draft of “Changes resulting from feedback to the last round of changes for these pages” or if not done,
what the feedback relates to.
Rest looks fine to progress through.
Cheers
Ed
From: Gaby Cowcill <[email address]>
under the
Sent: Friday, February 7, 2025 8:39 AM
To: Sean Uy <[email address]>; Edward Barclay <[email address]>
Cc: George Wardle <[email address]>; Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Kia ora Sean
Prima facie I’m good with doing all of these, thank you, but would suggest awaiting any comments from Ed. If I recall, there were reasons we were
holding off and I don’t have the full picture on whether they still apply.
Thanks,
Gaby
Released
From: Sean Uy <[email address]>
Sent: Wednesday, 5 February 2025 5:42 pm
To: Gaby Cowcill <[email address]>; Edward Barclay <[email address]>
Cc: George Wardle <[email address]>; Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi Gaby and Ed
You may recall that the last time we updated the patent attorney pages on the IPONZ website, we had some feedback towards improving the
Official Information Act 1982
content (and correcting some inaccuracies). I’ve had a first look at the pages and noted that there are multiple revisions we can apply:
The addition of Ministerial letters to the patent attorney pages on the IPONZ website (per George’s advisory below).
The replacement of all references to the Australian Administrative Appeals Tribunal (or AAT) with the Australian Administrative Review
Tribunal (or ART) (per George’s advisory below).
Changes resulting from feedback to the last round of changes for these pages.
Changes made to the Trans-Tasman IP Attorneys Board website within the last couple of years, which have resulted in some names and
pages shifting around. (Notably, the website is now called “Trans-Tasman IP Attorneys Regulation”.)
We definitely need to make the first two sets of changes in line with the update below, but would you prefer that we also make the latter two sets
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of changes? This’ll allow us to do all updates in one go, and will ensure the accuracy of the pages’ contents.
Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: George Wardle <[email address]>
Sent: Wednesday, 5 February 2025 12:11 pm
To: Sean Uy <[email address]>; Megan Kelly <[email address]>
Cc: Gaby Cowcill <[email address]>; Edward Barclay <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Thanks Sean.  I will be happy to liaise and collaborate with Megan regarding changes.
Yes, you are right references to the AAT will need changing in the description of how to make a complaint.  It is great that you recognised a little
more work is required than I initially signalled below.
Megan:  I will be in touch probably later next week, once Minister Bayly has signed and sent his letter and I have had a chance to discuss
coordination with IP Australia.
Warm regards
George Wardle
SENIOR ADVISOR
Corporate Governance and Intellectual Property Policy Team
Buildings, Resources and Markets
under the
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 (4) 978 3196
Ministry of Business, Innovation and Employment, 15 Stout Street, Wellington | PO Box 1473, Wellington 6140, New Zealand
NZBN 9429000106078
From: Sean Uy <[email address]>
Sent: Wednesday, 5 February 2025 11:27 am
To: George Wardle <[email address]>
Cc: Gaby Cowcill <[email address]>; Edward Barclay <[email address]>; Megan Kelly <[email address]>
Subject: RE: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi George
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Noted, thanks. We were anticipating this – please liaise with both me and Megan Kelly on this one.
For the record, we’re looking changes to the following pages:
The joint trans-Tasman registration regime for IP attorneys | Intellectual Property Office of New Zealand, to publish the Ministerial letters.
Making a complaint against a registered trans-Tasman IP attorney | Intellectual Property Office of New Zealand, to replace the references
to the Australian Administrative Appeals Tribunal. This is the only page on the IPONZ website that contains these references.
That said, we also have some lingering feedback from the last review of the Patent Attorneys section of the IPONZ website, and we can also look
at making small changes based on this feedback along with the update.
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Kind regards
Sean Uy
SENIOR ADVISOR CONTENT DESIGN
Digital Engagement (Toru), Channel Engagement
Information & Education, Engagement & Experience, Te Whakatairanga Service Delivery Group
Ministry of Business, Innovation & Employment (NZBN 9429000106078)
[email address] | DDI: +64 4 901 9890 | Mobile: +64 21 819 290
15 Stout Street, PO Box 9241, Marion Square, Wellington, New Zealand
https://www.mbie.govt.nz | +64 4 901 1499 | [email address]
From: George Wardle <[email address]>
Sent: Wednesday, 5 February 2025 11:16 am
To: Sean Uy <[email address]>
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Cc: Gaby Cowcill <[email address]>; Edward Barclay <[email address]>
Subject: Update to the IPONZ website needed soon [UNCLASSIFIED]
Hi Sean
This is a heads up that we will require an amendment to the information on the IPONZ website concerning the Trans-Tasman registration regime for
patent attorneys before the end of the month in collaboration with IP Australia and the information published on the TT IP Attorneys Board website.
Can I please liaise with you in ensuring the update to the website if undertaken in a timely manner?
Briefly, the Bilateral Arrangement providing for the trans-Tasman registration regime is being amended by an exchange of Ministerial letters. These
Ministerial letters (the initiating letter from the Australian Minister and rely letter from Minister Baylsy) will therefore need to be published alongside
the Bilateral Arrangement on the IPONZ website here, perhaps with a brief explanation of the change made by the exchange of Ministerial letters.
The amendment to be implemented through the exchange of letters is for the reference in the Bilateral Arrangement to the Australian
Administrative Appeals Tribunal (AAT) to be read as the Australian Administrative Review Tribunal (ART). Recent law changes in the Australia
resulted in the creation of ART and it has replaced the AAT.
I understand from IP Australia that the Board’s secretariate will send an email to all registered patent attorneys about this matter in due course.
Warm regards
George Wardle
SENIOR ADVISOR
Corporate Governance and Intellectual Property Policy Team
Buildings, Resources and Markets
Ministry of Business, Innovation & Employment
[email address] | Telephone: +64 (4) 978 3196
Ministry of Business, Innovation and Employment, 15 Stout Street, Wellington | PO Box 1473, Wellington 6140, New Zealand
NZBN 9429000106078
under the
Released
Official Information Act 1982
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under the
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Official Information Act 1982

• declaration that the applicant has not committed an offence in the last
five years or is subject to a sentence of imprisonment
• declaration (by another person) of the applicant’s good fame, integrity
and character
• payment of the prescribed registration fee
• one or more statements of skill from a New Zealand or Australian
resident patent attorney that the applicant has relevant patents-related
work experience (more details below).
Relevant patents-related work experience must include employment for at
least two years in a patent attorney firm or company, and experience in the
following skillsproficiency in:
• searching patent records
• preparing, filing and prosecuting patent applications in New Zealand,
Australia and other specified countries
• drafting patent specifications
• giving advice on the interpretation, validity and infringement of patents.
Incorporated patent attorney firms
under the
Incorporated patent attorney firms may also be registered, and may provide
advice and services about patents.
To register, an incorporated firm must apply to the Designated Manager and
provide the following:
• the name of each at least one director who is a registered patent
attorney director of the company
• evidence the company is registered in Australia or New Zealand
• evidence that the company has adequate and appropriate professional
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indemnity insurance
• the prescribed registration fee.
All incorporated patent attorney firms must have at least one director who is
a patent attorney.
Patent attorney partnerships
Official Information Act 1982
Patent attorney partnerships do not need to be registered. However, if athe
partnership does notmust have at least one registered patent attorney
partner. It is an offence for the partnership , it is an offence to describe or
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under the
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Official Information Act 1982

• Any sub headings in heading style 2 will appear in the ‘On this page’ in page bookmark links on the right
sidebar of the page. As such we recommend a character limit of 30 including spaces. For the practice
guidelines page template this goes up to 35 characters including spaces.
• Footnotes are not recommended online
under the
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Official Information Act 1982
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