74 Special exception from protection of literary or artistic works

(1)

The making of any object in 3 dimensions (including, subject to subsection (2), a copy in 2 dimensions reasonably required for the making of the object) does not infringe copyright in a literary or artistic work, if the work or a copy of it forms part of—

(a)

a patent specification that—

(i)

is open to public inspection in the Intellectual Property Office of New Zealand in respect of a New Zealand patent that, for any reason, has ceased to have effect; and

(ii)

is used for the purpose of making the object; or

(b)

a representation or specimen of a design that—

(i)

is open to public inspection in the Intellectual Property Office of New Zealand in respect of a design for which registered protection in New Zealand has ceased; and

(ii)

is used for the purpose of making the object.

(2)

Subsection (1) does not authorise—

(a)

the making of a copy in 2 dimensions of an artistic work—

(i)

to which subsection (1) applies; and

(ii)

that is in 2 dimensions,—

where the copy is made directly from that artistic work; or

(b)

the making of a copy of a literary work to which subsection (1) applies, where the copy is made directly from that literary work.

(3)

If a patent that has ceased to have effect is restored by an order made under subpart 12 of Part 3 of the Patents Act 2013, nothing done under subsection (1) in the period beginning with the day on which the patent ceased to have effect and ending with the close of the day on which the order is made constitutes an infringement of copyright in any literary or artistic work or copy of the work forming part of the patent specification.

(4)

If the registered protection in New Zealand of a design that has ceased to have effect is restored by an order made under section 41A of the Designs Act 1953, nothing done under subsection (1) in the period beginning with the day on which the protection ceased to have effect and ending with the close of the day on which the order is made constitutes an infringement of copyright in any literary or artistic work or copy of the work forming part of the design.

Compare: 1962 No 33 s 20A; 1985 No 134 s 4

Section 74(1): replaced, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 74(3): replaced, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).

Section 74(4): added, on 19 April 2011, by section 8 of the Designs Amendment Act 2010 (2010 No 15).