Hon Simon Power
Government Bill
245—3A
As reported from the committee of the whole House
Bill note
Key
1 Title
2 Commencement
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10 Section 81 repealed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12 Heading above section 83 and sections 83, 84, 86, and 87 repealed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
Miscellaneous
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
Enforcement powers of customs officers
155A Customs officer may seize goods in control of Customs
155B Chief executive may require person to produce documents concerning goods in control of Customs
155C Chief executive may require person to appear and answer questions concerning goods in control of Customs
155D Customs officer may apply for production order
155E Judge may order documents to be produced
155F Powers of customs officer to whom documents produced
155G Issue of search warrants to customs officers
155H Privilege against self-incrimination
155I Other privileges
155J Offences
Immunity
155K No liability if powers exercised in good faith
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
24 Regulations
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
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Legislative history
The Parliament of New Zealand enacts as follows: