New Zealand Legislation: Bills

14 Inventions contrary to public order or morality not patentable inventions

• (1) An invention is not a patentable invention if the commercial exploitation of the invention, so far as claimed in a claim, is contrary to—

  • (a) public order (which in this section has the same meaning as the term ordre public as used in Article 27.2 of the TRIPS agreement); or

  • (b) morality.

  (2) For the purposes of subsection (1), commercial exploitation must not be regarded as contrary to public order or morality only because it is prohibited by any law in force in New Zealand.

  (3) The Commissioner may, for the purpose of making a decision under this section, seek advice from the Māori advisory committee or any person that the Commissioner considers appropriate.

  (4) For the purposes of this section, TRIPS agreement means the World Trade Organization Agreement on the Trade Related Aspects of Intellectual Property Rights done at Marrakesh on 15 April 1994.

  Compare: Patents Act 1977 s 1(3), (4) (UK)