Patents Act 1953

  • repealed
  • Patents Act 1953: repealed, on 24 February 2017, by section 7(1) of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).
89 Evidence of entries, documents, etc

(1)

A certificate purporting to be signed by the Commissioner certifying that any entry which he is authorised by or under this Act to make has or has not been made, or that any other thing which he is so authorised to do has or has not been done, shall be prima facie evidence of the matters so certified.

(2)

A copy of any entry in any register or of any document kept by IPONZ, or an extract from that register or document, purporting to be certified by the Commissioner, shall be admitted in evidence without further proof and without production of the original.

(3)

Where by this Act or otherwise by law the Commissioner is directed, authorised, or empowered to do, exercise, or perform any act, power, function, or duty, any notification in the journal of the doing, exercise, or performance of any such act, power, function, or duty shall be prima facie evidence that it was lawfully done, exercised, or performed.

Compare: 1921–22 No 18 ss 130, 131; 1946 No 32 s 6(3); Patents Act 1949 s 77 (UK)

Section 89(1): amended, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 89(2): amended, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 89(3): amended, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).