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MED CorrespondanceFinal responseInitial request 2008/06/08 11:48pm As per Minister Tizard's media release of 29 May 2008, I would like to make a submission on the proposed Anti-Counterfeiting? Trade Agreement. However, I find that I need more substantive information than that supplied by the Ministry on their website. Can you therefore please supply, under the Official Information Act 1982, any and all information that the Ministry holds on this matter including (but not limited to) any draft proposals, any emails, letters, memoranda or other communications, and any documents received or created by the Ministry that have regard to this matter, especially documents regarding advice given to the Minister on this matter? Please also advise the names and contact details of any and all officials who have been involved in any international meetings, negotiations, conferences or other gatherings with reference to the development of this agreement, and supply copies of their trip reports, diary notes or other records that they may have made regarding these gatherings. Material can be supplied electronically to this address or physically to my postal address, redacted by me Regards Mark Harris Director Technology Research and Consultancy Services Ltd Response 1 2008/06/09 11:40am Dear Mark Your request has been forward to me to respond to. I will go through our files and identify what we can disclose to you under the OIA and forward onto you in due course. I suspect that at this point in time there will be very little additional material that can be released to you over and above what is already in the public domain. Until the unauthorised leak of the ACTA "discussion paper" on the internet last month, the only information we have been permitted to publish about is the information on our website at http://www.med.govt.nz/templates/ContentTopicSummary34357.aspx.  I will be updating our website with further information about ACTA, as I am permitted, over the coming months as negotiations proceed. Please call me if you would like to discuss New Zealand's participation. Kind regards George Wardle Intellectual Property Policy Group Ministry of Economic Development Reply 2 2008/06/09 12:54pm Thanks for responding, George. The Minister has called for submissions by 14 July. How are we to respond if there is no information available for discussion? I look forward your information. Regards Mark Harris Response 3 2008/06/09 1:12pm Hi Mark We are not seeking comment from the public on the text of ACTA, because there is no in fact no text yet developed for the agreement that could be used as a basis for consultation. What we would are seeking is information from the public on what should be the focus of New Zealand's participation in ACTA, such as what should New Zealand be trying to achieve through participation in the negotiations and what matters should New Zealand seek to have covered in such an agreement. For example, should the agreement seek to establish new international norms and strong standards on intellectual property enforcement over and above those we are already obligated to provide under the WTO TRIPS Agreement? What types of intellectual property rights enforcement should be covered by the agreement; limited to just trade mark and/or copyright infringement or should it include infringement of other intellectual property rights such as patents, geographical indications, trade secrets, and/or industrial designs? Should the agreement set out minimum standards of civil, administrative and criminal enforcement of intellectual property rights and if so what would be those minimum standards? Please feel free to call me to discuss further Kind regards George Reply 4 2008/06/09 1:38pm Thanks for clarifying that, George, it's not that clear from the release. I'd still like any of the other information I have asked for, please, and await it with interest. Regards Mark Harris Notification of extension received 3:53pm 04/07/08 4 July 2008 Dear Mr Harris OFFICIAL INFORMATION ACT REQUEST: ANTI COUNTERFEITING TRADE AGREEMENT I refer to you letter 8 June 2008 requesting "any and all information that the Ministry holds" on the proposed Anti-Counterfeiting? Trade Agreement, "including (but not limited to) any draft proposals, any emails, letters, memoranda or other communications, and any documents received or created by the Ministry that have regard to this matter, especially documents regarding advice given to the Minister". You also requested "the names and contact details of any and all officials who have been involved in any international meetings, negotiations, conferences or other gatherings with reference to the development of this agreement, and supply copies of their trip reports, diary notes or other records that they may have made regarding these gatherings". Pursuant to section 15A(1)(b) of the Official Information Act 1982 I am extending the time limit for my reply to your request by 10 working days. I will reply to your request by 21 July 2008. The reason for this extension is that consultations necessary to make a decision on the request are such that a proper response cannot be made within the original time limit. You have the right under section 28(3) of the Official Information Act 1982 to make a complaint to an Ombudsman about this extension. You have indicated that you need the information requested in order to provide a submission on ACTA. To take account of the time limit for my reply to your request being extended, you will have until 28 July 2008 to make a submission on ACTA. Yours sincerely Bronwyn Turley Manager, Competition Trade and Investment Branch.
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