2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

article means any article of manufacture; and includes any part of an article if that part is made and sold separately

assignee includes the personal representative of a deceased assignee; and references to the assignee of any person include references to the assignee of the personal representative or assignee of that person

Commissioner means the Commissioner of Designs

Commonwealth means the British Commonwealth of Nations; and includes every territory for whose international relations the Government of any country of the Commonwealth is responsible

convention country, in any provision of this Act, means an entity for the time being declared by an order under section 20 to be a convention country for the purposes of that provision

copyright has the meaning assigned to it by subsection (1) of section 11

court means the High Court

design means features of shape, configuration, pattern, or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged solely by the eye; but does not include a method or principle of construction or features of shape or configuration which are dictated solely by the function which the article to be made in that shape or configuration has to perform

government department means any department or instrument of the Executive Government of New Zealand

Journal means the journal published under section 206 of the Patents Act 2013

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

prescribed means prescribed by regulations made under this Act

proprietor has the meaning assigned to it by section 6

registered proprietor means the person or persons for the time being entered in the register of designs as proprietor of the design

set of articles means a number of articles of the same general character ordinarily on sale or intended to be used together, to each of which the same design, or the same design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, is applied.

(2)

Any reference in this Act to an article in respect of which a design is registered shall, in the case of a design registered in respect of a set of articles, be construed as a reference to any article of that set.

(3)

Any question arising under this Act as to whether a number of articles constitute a set of articles shall be determined by the Commissioner; and notwithstanding anything in this Act any determination of the Commissioner under this subsection shall be final.

(4)

For the purposes of subsection (1) of section 21 and of section 23, the expression personal representative, in relation to a deceased person, includes the legal representative of the deceased appointed in any country outside New Zealand.

(5)

In the case of an entity that is a convention country but is not a state, part of a state, or a territory for whose international relations a state is responsible,—

(a)

a reference in this Act to—

(i)

application for protection in a country; or

(ii)

application for protection in respect of a country,—

must be read as a reference to application for protection under the rules of the entity:

(b)

a reference in this Act to the law of a convention country must be read as a reference to the rules of the entity:

(c)

a reference in this Act to the Government of a convention country must be read as a reference to the governing body of the entity.

Compare: 1921–22 No 18 s 2; Registered Designs Act 1949 s 44 (UK)

Section 2(1) convention country: replaced, on 14 October 1999, by section 2(2) of the Designs Amendment Act 1999 (1999 No 120).

Section 2(1) court: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 2(1) Journal: replaced, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 2(1) Ministry: inserted, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 2(5): inserted, on 14 October 1999, by section 2(3) of the Designs Amendment Act 1999 (1999 No 120).