Patents Amendment Act 1999

Patents Amendment Act 1999

Public Act1999 No 119
Date of assent14 October 1999

Note

This Act is administered in the Ministry of Commerce


An Act to amend the Patents Act 1953

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title
  • This Act may be cited as the Patents Amendment Act 1999, and is part of the Patents Act 1953 (the principal Act).

2 Persons entitled to make application
  • (1) Section 7(2) of the principal Act is amended by inserting, after the word country where it first occurs, the words (whether before or after it became a convention country).

    (2) Subsection (1) is for the avoidance of doubt.

3 Orders in Council as to convention countries
  • (1) The principal Act is amended by repealing section 77, and substituting the following section:

    77
    • For the purpose of giving effect to any international agreement or arrangement to which New Zealand is a party or that applies to New Zealand, the Governor-General may by Order in Council declare that any entity specified in the order that is a party to the agreement or arrangement or to which the agreement or arrangement applies (whether a state, part of a state, a territory for whose international relations a state is responsible, a political union, an international organisation, or any other entity) is, for the purposes of all or any of the provisions of this Act, a convention country.

    (2) Section 2(1) of the principal Act is amended by repealing the definition of the term convention country, and substituting the following definition:

    Convention country, in any provision of this Act, means an entity for the time being declared by an order under section 77 to be a convention country for the purposes of that provision:.

    (3) Section 2 of the principal Act is amended by adding the following subsection:

    • (3) 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 filing a specification in a convention country must be read as a reference to filing a specification under the rules of the entity:

      • (c) A reference in this Act to the law of a convention country must be read as a reference to the rules of the entity:

      • (d) 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.

    (4) The substitution by subsection (1) of a new section 77 of the principal Act for the existing section does not affect any order made under the existing section; and any such order may be amended or revoked by an order made under the substituted section.