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New Zealand Legislation: Bills

Bills are proposed Acts

Hon Simon Power

Trade Marks (International Treaties and Enforcement) Amendment Bill

Government Bill

245—2

As reported from the Foreign Affairs, Defence and Trade Committee

Contents

Part 1
Trade Marks Act 2002

3 Principal Act amended

4 Interpretation

5 Classification of trade marks

6 New section 53 substituted

53 Reissuing certificate of registration

7 Grounds for revoking registration of trade mark

8 Onus of proof for revocation of registration of trade mark for non-use

9 Alteration of register

10 Section 81 repealed

11 Registration of title to trade mark

12 Heading above section 83 and sections 83, 84, 86, and 87 repealed

13 No infringement for honest practices

13A No infringement for certain continuous use of unregistered trade mark

14 New section 97 substituted

97 No infringement for use in relation to certain identical or similar goods

15 New section 97A substituted

97A Exhaustion of rights conferred by registered trade mark

16 Application of Criminal Justice Act 1985

17 New subpart 2A of Part 4 inserted

Subpart 2A—Enforcement officers

Appointment and functions of enforcement officers

134A Chief executive may appoint enforcement officers

134B Authority to act as enforcement officer

134C Functions of enforcement officer

Enforcement officer's power of entry and examination without warrant

134D Enforcement officer’s power of entry and examination without warrant

134E What enforcement officer and person assisting may do when exercising power of entry and examination without warrant

Entry and search under search warrant

134F Enforcement officer or member of police may apply for search warrant

134G Application for search warrant

134H Mode of application for search warrant

134I Form and content of search warrant

134J Transmission of search warrant

134K Retention of documents

134L When search warrant is executed

134M Powers of entry and search under warrant

134N Powers of persons called to assist

General provisions that apply to powers of entry and search and entry and examination

134O Application of sections 134P to 134S

134P Powers and duties of person exercising power of entry and search or power of entry and examination

134Q Inventory of things seized

134R Compliance with certain provisions may be deferred in certain circumstances

134S Further extension to, or dispensation from, obligation to comply with certain provisions

Provisions relating to things seized

134T Period things seized may be retained

134U Application for order to return things seized

134V Disposal of things seized

134W Disposal of perishable things

Other powers of enforcement officers

134WA Enforcement officer may apply for production order

134WB Judge may order documents to be produced

134WC Powers of enforcement officer to whom documents produced

134WD Offence of failing to comply with order to produce documents

Powers of police

134X Powers of police

134XA Privilege against self-incrimination

134Y Other privileges

134Z Disclosure of information

134ZA No liability if functions performed or powers exercised in good faith

18 Interpretation

18A New section 136 substituted

136 Application of sections 137 to 141

19 New sections 139A to 139C inserted

139A Chief executive may suspend accepted notice

139B Notice of suspension

139C Chief executive may reinstate accepted notice

20 Duration of accepted notice

140 Duration of accepted notice

21 New headings and sections 155A to 155K inserted

~~22 Commissioner and Assistant Commissioners of Trade Marks~~

22A New sections 175 to 175C

175 Commissioner and Assistant Commissioners of Trade Marks

175A Functions of Commissioner

175B Powers of Assistant Commissioners

175C Power of Commissioner to delegate

23 Contents of register

25 New section 199A inserted

199A Regulations: Madrid Protocol

Consequential amendments

26 Amendments to Trade Marks Regulations 2003

135 Request for alteration of owner's name or address

27 Amendments to Trans-Tasman Mutual Recognition Act 1997

Part 2
Copyright Act 1994

28 Principal Act amended

29 Interpretation

30 New sections 87 to 87B substituted

87 Free public playing or showing of communication work

87A Free public playing or showing of communication work that is simultaneous with reception

87B Assessment of damages for infringement of copyright in sound recording or film

31 New Part 6A inserted

Part 6A
Enforcement officers

Appointment and functions of enforcement officers

134A Chief Executive may appoint enforcement officers

134B Authority to act as enforcement officer

134C Functions of enforcement officer

Enforcement officer's power of entry and examination without warrant

134D Enforcement officer’s power of entry and examination without warrant

134E What enforcement officer and person assisting may do when exercising power of entry and examination without warrant

Entry and search under search warrant

134F Enforcement officer or member of police may apply for search warrant

134G Application for search warrant

134H Mode of application for search warrant

134I Form and content of search warrant

134J Transmission of search warrant

134K Retention of documents

134L When search warrant is executed

134M Powers of entry and search under warrant

134N Powers of persons called to assist

General provisions that apply to powers of entry and search and entry and examination

134O Application of sections 134P to 134S

134P Powers and duties of person exercising power of entry and search or power of entry and examination

134Q Inventory of things seized

134R Compliance with certain provisions may be deferred in certain circumstances

134S Further extension to, or dispensation from, obligation to comply with certain provisions

Provisions relating to things seized

134T Period things seized may be retained

134U Application for order to return things seized

134V Disposal of things seized

134W Disposal of perishable things

Other powers of enforcement officers

134WA Enforcement officer may apply for production order

134WB Judge may order documents to be produced

134WC Powers of enforcement officer to whom documents produced

134WD Offence of failing to comply with order to produce documents

Powers of police

134X Powers of police

134XA Privilege against self-incrimination

134Y Other privileges

134Z Disclosure of information

134ZA No liability if functions performed or powers exercised in good faith

33 Notice may be given to Chief Executive

34 New sections 136A to 136D inserted

136A Chief Executive may suspend accepted notice

136B Notice of suspension

136C Chief Executive may reinstate accepted notice

136D Duration of accepted notice

35 New heading and sections 144 to 144I inserted

36 New heading inserted above section 145

37 Protection of persons acting under authority of Act

38 New sections 188 to 188B substituted

188 Free public playing or showing of communication work

188A Free public playing or showing of communication work that is simultaneous with reception

188B Assessment of damages for infringement of rights under this Part in relation to performance or recording

~~40 Transitional provision relating to sections 144, 144C, 144D, and 144F~~

Legislative history

The Parliament of New Zealand enacts as follows: