Reprint as at 13 May 2016

Coat of Arms of New Zealand

Designs Act 1953

Public Act
 
1953 No 65
Date of assent
 
26 November 1953
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title
1Short Title and commencement
2Interpretation
3Commissioner and Assistant Commissioners of Designs
4Powers of Assistant Commissioners of Designs
4APower of Commissioner to delegate
4BLiability of Commissioner and others
5Designs registrable under Act
6Proprietorship of designs
7Proceedings for registration
8Registration of same design in respect of other articles, etc
9Provisions for ensuring secrecy in respect of designs relevant for defence purposes
10Provisions as to confidential disclosure, etc
11Right given by registration
12Period of copyright
13Exemption of innocent infringer from liability for damages, etc
14Compulsory licence in respect of registered design
15Cancellation of registration
16Use of registered designs for services of the Crown
17Rights of third parties in respect of Crown use
18Reference of disputes as to Crown use
19Special provisions as to Crown use during emergency
20Orders in Council as to convention countries
21Registration of design where application for protection in convention country has been made
22Extension of time for applications under section 21 in certain cases
23Protection of designs communicated under arrangements with other countries
24Regulations under section 22 or section 23
25Register of designs
26Certificate of registration
27Registration of assignments, etc
27AApplication of Personal Property Securities Act 1999
28Rectification of register by the court
29Power of Commissioner to correct errors
29APower of Commissioner to alter certain inconsistent information
30Inspection of registered designs
31Information as to existence of copyright
32Evidence of entries, documents, etc
33Certificate of contested validity of registration
34Remedy for groundless threats of infringement proceedings
35Appeal to High Court
36Exercise of discretionary powers of Commissioner
37Commissioner may grant extension of time
37AAdditional provisions for extending time limits
38Costs and security for costs
39Evidence before Commissioner
40Recognition of agents
41Commissioner may dispense with production of probate or letters of administration in certain cases
41ARestoration of lapsed copyright in registered design
41BPersons who may make request for restoration of copyright
41CWhen request for restoration of copyright may be made
41DCommissioner’s consideration of whether prima facie case has been made out for restoration
41ENotice of opposition and reasonable opportunity to be heard
41FOrder to be made on payment of unpaid fees
41GRequest for restoration of abandoned design application
41HWhen request for restoration of application may be made
41INotice of opposition
41JCommissioner to determine matter
42Offences in respect of designs required to be kept secret
43Falsification of register, etc
44Fine for falsely representing a design as registered
45Opening hours of Intellectual Property Office of New Zealand
45AClosing of Intellectual Property Office of New Zealand at short notice
46Regulations
47Fees
48Service of notices, etc, by post
49Annual report [Repealed]
50Application of Act to Tokelau
51Saving
52Repeals and savings
Reprint notes

An Act to consolidate and amend certain enactments relating to designs