Senior Advisor – Copyright and Licensing
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Tēnei tūranga – About the role
The Senior Advisor Copyright and Licensing is a specialist position within MBIE and Standards New Zealand and sits in the Commercial and Sectors team.
The primary purpose of the Senior Advisor Copyright and Licensing is to support the National Manager Standards New Zealand in delivering the statutory functions of the New Zealand Standards Executive (under the Standards and Accreditation Act 2015). The position is to “ensure the exercise and performance of Crown rights and obligations in respect of standards (including rights and obligations in relation to or arising from intellectual property in standards)”.
This role requires expert knowledge of the law and of best practice relating to intellectual property and copyright which allows them to lead the Copyright and Licensing function for Standards New Zealand. This role will also require knowledge and experience in handling complex matters relating to intellectual property, Crown copyright, international copyright law, monitoring compliance and dealing with non- compliance. The role is also responsible for helping stakeholders maximise the legitimate use of standards and promulgation of good practice.
The role is responsible for providing strategic value through effectively working with the wider team on new product development and managing any IP risks. This involves looking for innovative ways to license content and think about how IP can work for us. Where we are restrained by our licenses, we need creative thinking to ensure standards are still useable.
The Senior Advisor Copyright and Licensing will have and promote a high regard to the value and legitimate use of standards with the intention of protecting and promoting standards and standards products.
Ngā herenga – Requirements of the role
Personal specifications
- A Sound knowledge and demonstrated application of the Copyright Act 1994.
- Demonstrated expertise and experience in handling complex matters relating to intellectual property, Crown copyright, monitoring compliance and dealing with non-compliance, including by prosecution.
- Demonstrated competence at working with international organisations and related obligations would be useful.
- Demonstrated ability to quickly assimilate new information and areas of work.
- Demonstrated ability to quickly establish and build strong working relationships with managers and staff.
- Good communication skills– able to share knowledge clearly and ability to influence stakeholders to achieve agreed outcomes.
- Knowledge of and experience with intellectual property law.
- Knowledge of the use of standards (or similar codified information or instruments) would be useful.
- Requires a law degree, ideally with a significant component of intellectual property law.
- Must have the legal right to live and work in New Zealand.
Takohanga tuhinga o mua – Key accountabilities and deliverables
Deliver high quality results
- Facilitate and manage enquiries for access to the intellectual property held by the New Zealand Crown in New Zealand Standards and in standards developed by other standards organisations with which New Zealand has a copyright agreement.
- Operate within the framework provided by Copyright Act 1994, as amended by the Standards and Accreditation Act 2015, and other government policies in relation to access to intellectual property.
- Process and respond to requests for advice and information on copyright and licensing.
- License third parties to copy or use the standards documents in whole or in part under copyright licence agreements (CLA).
- Issue watermarked standards for Court or Parliamentary purposes.
- Collect fees for access and use and undertake timely reviews to ensure copyright terms and conditions cease as specified.
- Update and amend existing licensing agreements as required.
- Advise and assist the wider team on access to international content.
- Seek to develop mutually beneficial arrangements with international standards bodies to support standards development and international adoption.
- Manage complex licensing enquiries and provide non-legal yet accurate advice and documents, for example drafting of Service Level Agreements.
- Support copyright agreements with the International Standards Organisation (ISO), International Electrotechnical Commission (IEC), Standards Australia, other national standards bodies such as British Standards Institute, SAI Global.
- Understand the terms and conditions of use of all international contracts and regularly educate the Standards New Zealand team to enable them to perform their roles effectively.
- Enable access for NZ users under licences as above and support New Zealand and international reseller agreements (working with Senior Advisor Commercial).
- Ensure the terms and conditions for the sale of standards, or access to standards, reflects our intellectual property strategy.
- Ensure the sale of or access to other standards organisations’ publications meet our obligations to those parties.
- Calculate and arrange the payment of royalties owing to other standards organisations for licensing of that third party’s material in accordance with membership and other agreements with these organisations.
- Actively contribute to the strategic “Value Add” initiative by looking at how to innovatively license content and think about how IP can work for us, working with individual pilots on a case-by-case basis.
- Actively contribute to development of standards providing copyright advice and seeking access to necessary content to be used for standards development purposes.
Protect the intellectual property of Standards New Zealand and enforce compliance
- Monitor use of Crown-owned intellectual property licensed to third parties.
- Seek to proactively identify, and then investigate, infringements and non-compliant usage (including website storage and pirate websites).
- Act on infringements in accordance with Standards New Zealand policy, including by retrospective licensing, takedown or cease and desist notices, and prosecution.
- Consult and work with MBIE Legal Unit in relation to enforcement action.
Build and maintain expertise and recognition as a centre of excellence
- Regularly review, keep abreast of, and maintain up-to-date knowledge of copyright issues, practices, and legislation and share knowledge and wisdom within the Standards New Zealand team and the wider MBIE team as required.
- Build and maintain relationships with other experts within MBIE and other government agencies.
Self-management
- Models’ positive behaviours.
- Models the desired values and culture of the organisation.
- Willingly shares knowledge, expertise and within the team and with others in the organisation.
- Acts with honesty and integrity.
- Welcomes feedback and is receptive to input from others.
Wellbeing, health & safety
- Displays commitment through actively supporting all safety and wellbeing initiatives.
- Ensures own and others safety at all times.
- Complies with relevant safety and wellbeing policies, procedures, safe systems of work and event reporting.
- Reports all incidents/accidents, including near misses in a timely fashion.
- Is involved in health and safety through participation and consultation.
Tō tūranga i roto i te Manatū – Your place in the Ministry
The Senior Advisor Copyright and Licensing position reports into the Manager Commercial and Sectors, Standards New Zealand within the Market Integrity branch. The branch sits within the Te Whakatairanga Service Delivery group.
To mātou aronga – What we do for Aotearoa New Zealand
Hīkina Whakatutuki is the te reo Māori name for the Ministry of Business, Innovation and Employment. Hīkina means to uplift. Whakatutuki means to move forward, to make successful. Our name speaks to our purpose, Grow Aotearoa New Zealand for All.
To Grow Aotearoa New Zealand for All, we put people at the heart of our mahi. Based on the principles of Te Tiriti o Waitangi / The Treaty of Waitangi, we are committed to upholding authentic partnerships with Māori.
As agile public service leaders, we use our breadth and experience to navigate the ever-changing world. We are service providers, policy makers, investors and regulators. We engage with diverse communities, businesses and regions. Our work touches on the daily lives of New Zealanders. We grow opportunities (Puāwai), guard and protect (Kaihāpai) and innovate and navigate towards a better future (Auaha).
Ngā matatau – Our competencies
Cultivates innovation We create new and better ways for the organisation to be successful by challenging the status quo generating new and creative ideas and translating them into workable solutions.
Nimble learning We are curious and actively learn through experimentation when tackling new problems by learning as we go when facing new situations and challenges.
Customer focus We build strong customer relationships and deliver customer-centric solutions by listening and gaining insights into the needs of the communities we serve and actively seeking and responding to feedback.
Decision quality We make quality and timely decisions that shape the future for our communities and keep the organisation moving forward by relying on an appropriate mix of analysis, wisdom, experience, and judgement to make valid and reliable decisions.
Action oriented We step up, taking on new opportunities and tough challenges with purpose, urgency and discipline by taking responsibility, ownership and action on challenges, and being accountable for the results.
Collaborates We connect, working together to build partnerships with our communities, working collaboratively to meet shared objectives by gaining trust and support of others; actively seeking the views, experiences, and opinions of others and by working co-operatively with others across MBIE, the public sector and external stakeholder groups.
Te Tiriti o Waitangi
As an agency of the public service, MBIE has a responsibility to contribute to the Crown meeting its obligations under Te Tiriti o Waitangi (Te Tiriti). Meeting our commitment to Te Tiriti will contribute towards us realising the overall aims of Te Ara Amiorangi – Our Path, Our Direction, and achieve the outcome of Growing New Zealand for All. The principles of Te Tiriti - including partnership, good faith, and active protection – are at the core of our work. MBIE is committed to delivering on our obligations as a Treaty partner with authenticity and integrity and to enable Māori interests. We are committed to ensuring that MBIE is well placed to meet our obligations under the Public Service Act 2020 (Te Ao Tūmatanui) to support the Crown in strengthening the Māori/Crown Relationship under the Treaty and to build MBIE’s capability, capacity and cultural intelligence to deliver this.
Mahi i roto i te Ratonga Tūmatanui – Working in the public service
Ka mahitahi mātou o te ratonga tūmatanui kia hei painga mō ngā tāngata o Aotearoa i āianei, ā, hei ngā rā ki tua hoki. He kawenga tino whaitake tā mātou hei tautoko i te Karauna i runga i āna hononga ki a ngāi Māori i raro i te Tiriti o Waitangi. Ka tautoko mātou i te kāwanatanga manapori. Ka whakakotahingia mātou e te wairua whakarato ki ō mātou hapori, ā, e arahina ana mātou e ngā mātāpono me ngā tikanga matua o te ratonga tūmatanui i roto i ā mātou mahi.
In the public service we work collectively to make a meaningful difference for New Zealanders now and in the future. We have an important role in supporting the Crown in its relationships with Māori under the Treaty of Waitangi. We support democratic government. We are unified by a spirit of service to our communities and guided by the core principles and values of the public service in our work.
What does it mean to work in Aotearoa New Zealand’s Public Service?(external link) — Te Kawa Mataaho The Public Service Commission
