Trans-Pacific Partnership Agreement Amendment Bill

  • enacted

Hon Todd McClay

Trans-Pacific Partnership Agreement Amendment Bill

Government Bill

133—3

Contents

Key
1Title
2Commencement
3Principal Act
4New section 2A inserted (Transitional, savings, and related provisions)
2ATransitional, savings, and related provisions
5Section 72 amended (Interpretation)
6New Schedule 1 inserted
7Principal Act
8Section 2 amended (Interpretation)
9Section 22 amended (Duration of copyright in literary, dramatic, musical, or artistic works)
10Section 23 amended (Duration of copyright in sound recordings and films)
11Section 28 amended (Copyright vesting in certain international organisations)
12Section 67 amended (Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works)
13Section 135 amended (Definitions)
14New sections 135A to 135C inserted
135ADetention of items suspected of being pirated copies
135BNotice
135CRelease of items
15Section 137 amended (Determination whether item is pirated copy)
16Section 140 amended (Detention of pirated copy)
17Section 141 amended (Proceedings)
18Section 141A amended (Forfeiture of goods by consent)
19Section 142 amended (Powers of court)
20Section 169 amended (Interpretation)
21Section 170 amended (Application)
22New sections 170A to 170I and subpart 1 and 2 headings in Part 9 inserted
170ARight to be identified as performer
170BContent of right to be identified as performer
170CRight to be identified as performer must be asserted
170DExceptions to right to be identified as performer
170ERight relating to derogatory treatment of performance
170FContent of right relating to derogatory treatment of performance
170GExceptions to right relating to derogatory treatment of performance
170HConsent and waiver of rights
170IApplication to parts of performances
23Cross-heading above section 171 repealed
24Section 172 amended (Infringement by use of recording made without performer’s consent)
25New subpart 3 heading in Part 9 inserted
26Section 173 amended (Copying of recordings)
27Section 174 amended (Infringement by importing, possessing, or dealing with illicit recording)
28New sections 174A to 174D and subpart 4 and 5 headings in Part 9 inserted
174AApplication
174BConsent required for making sound recording available to public
174CConsent required for copying of sound recording
174DConsent required for issue of copies to public
29Cross-heading above section 175 repealed
30Amendments to sections 175 to 189
31New section 192A and subpart 6 heading in Part 9 inserted
192AOther acts permitted in relation to performers’ property rights
32Section 193 replaced (Duration of rights)
193Duration of rights
33Section 194 replaced (Transmission of rights)
194Transmission of performers’ rights
194AMoral rights not assignable
194BTransmission of moral rights on death
194CPerformers’ rights relating to consent for recording or live transmission and to film recordings not assignable
194DTransmission of performers’ rights relating to consent for recording or live transmission and to film recordings on death
194ETransmission of performers’ property rights
194FAssignment
194GPerformers’ property rights to pass under will with unpublished original recording
194HFuture property rights
194ILicences
194JRights and remedies of exclusive licensee
194KExercise of concurrent rights
34Cross-heading above section 195 replaced
35Section 195 amended (Consent)
36Section 196 amended (Proceedings for infringement of performers’ rights)
37New section 196A inserted (Proceedings against the Crown)
196AProceedings against the Crown
37ANew section 197A and cross-heading inserted
197APresumptions relevant to performances
38Section 198 amended (Criminal liability for making, dealing with, using, or copying illicit recordings)
38ASection 199 amended (Order for delivery up in criminal proceedings)
38BNew section 201A inserted (Evidence in proceedings)
201AEvidence in proceedings
39Section 226 replaced (Definitions of TPM terms)
226AAAOverview of provisions relating to technological protection measures
226Definitions of TPM terms
40Section 226A replaced (Prohibited conduct in relation to technological protection measure)
226ADealing in TPM circumvention devices
226ABProviding service to circumvent technological protection measures
226ACCircumventing access control TPM
41Section 226B amended (Rights of issuer of TPM work)
42Sections 226C to 226J and cross-heading replaced
226COffence of contravening section 226A, 226AB, or 226AC
226CAProvisions to be construed independently
226DActs that do not infringe copyright or specified performers’ rights
226EGeographic market segmentation
226FLaw enforcement, national security, and performing or exercising other functions, powers, or duties
226GEncryption research
226HEmbedded computer program that involves use of goods or services
226IComputer programs that are no longer supported by remote server
226JOther acts relating to computers
226KNon-infringing acts expressly permitted by regulations
226KARelationship with Crimes Act 1961
226LSections 226E to 226J apply subject to prescribed modifications
226MApplication of provisions to not-for-profit entities
226NDefinitions of RMI terms
226OInterference with RMI
226PDealing in RMI that has been modified
226QDealing in work subject to RMI interference
226RRights and remedies for contravention of sections 226O to 226Q
226SOffence of contravening sections 226O to 226Q
226TDefinitions
226UProhibited dealing in decoding devices or systems relating to satellite signals
226VProhibited receipt and decoding of satellite signals or distribution of decoded satellite signals
226WProhibited conduct in relation to cable signals
226XCivil remedies for contravention of sections 226U to 226W
226YOffence for contravention of section 226U or 226V
43Section 228 amended (Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions)
44Section 234 amended (Regulations)
45Schedule 1 amended
44Interpretation
45Duration of copyright in works generally
46Duration of copyright in certain works
47Interpretation
48Application
49Duration of performers’ rights generally
50Duration of certain performers’ rights
46Principal Act
47Section 119 amended (Application for Customs ruling)
48Section 120 amended (Making of Customs ruling)
49Section 122 amended (Effect of Customs ruling)
50Principal Act
51Section 5 amended (Interpretation)
52New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
53Section 26 amended (Later allocation of export licences)
54Section 27A amended (Increases or reductions in rights to export to designated markets after initial period)
55New Schedule 1 inserted
56Schedule 5A amended
57Schedule 5B amended
58Principal Act
59Section 59 amended (Time limits and waivers)
60Principal Act
61Section 3 amended (Purposes)
62Section 4 amended (Interpretation)
63Section 13 amended (Complying with requirement to publish or notify in Gazette by publishing and notifying under this Act)
64New Part 2A inserted
36APurpose of this Part
36BOverview of this Part
36CInstrument, and other terms, defined
36DAdministrator must ensure instrument is published and made available
36EAdministrator must ensure details are in or with instrument
36FLinks to be forwarded as directed
36GLinks forwarded must be published and made available
65Section 59 amended (Functions of PCO)
65ASchedule 2 amended
66Principal Act
67New section 8A inserted (Transitional, savings, and related provisions)
8ATransitional, savings, and related provisions
68Section 13 amended (What are overseas investments in significant business assets)
69New section 61A inserted (Regulations regarding alternative monetary thresholds for overseas investments in significant business assets)
61ARegulations regarding alternative monetary thresholds for overseas investments in significant business assets
70New Schedule 1AA inserted
71Principal Act
72Section 9 amended (Disclosure to be disregarded in certain circumstances)
73Section 20 amended (Term of patent)
74Section 110 amended (Renewal fees for patents of addition)
75New subpart 10A of Part 3 inserted
111ARequests for extension of patent if delay in granting patent
111BGrant of extension of patent on ground of unreasonable delay in granting patent
111CInterpretation for sections 111C to 111O
111DRequests for extension of patent if unreasonable curtailment of effective patent term as result of marketing approval process
111EGrant of extension of patent on ground of unreasonable curtailment of effective patent term as result of marketing approval process
111FWhat is unreasonable curtailment
111GCalculation of term of extension
111HOpposition to extension on ground of unreasonable curtailment of effective patent term as result of marketing approval process
111IExclusive rights of patentee are limited if extension granted on ground of unreasonable curtailment
111JNotification and public inspection of request for extension
111KNotification of grant or refusal of request for extension
111LWithdrawal of request for extension
111MRights of patentee if extension granted after patent expires
111N Commissioner not to make decision if certain proceedings pending
111OTerm of patent of addition
76New section 146A inserted (Other instances of no infringement)
146AOther instances of no infringement
77Schedule 1 amended
4New 1-year grace period applies only to public disclosures that occur on or after commencement
5Sections 111A and 111B apply only if patent date is on or after commencement
6Sections 111C to 111G apply only if marketing approval application is made on or after commencement
78Principal Act
79Section 2 amended (Interpretation)
80Section 3 amended (The Tariff)
81Section 7A amended (Orders in Council about preferential countries)
82Section 15A amended (Interpretation)
83Section 15B amended (Chief executive may undertake transitional safeguard investigation)
84Section 15C amended (Investigative procedures)
85Section 15D amended (Matters to be taken into account by chief executive)
86Section 15F amended (Application of transitional safeguard measure)
87Section 15G amended (Extension of transitional safeguard measure)
88Section 15H amended (Provisional transitional safeguard measure)
89Tariff amended
90Tariff, note 2 amended
91Tariff, note 3 amended
92Principal Act
93Section 106 amended (Types of relief available for infringement of registered trade mark)
94Section 108 amended (Order for erasure, etc, of offending sign)
95Section 135 amended (Interpretation)
96New sections 135A and 135B and cross-heading inserted
135ADetention of goods suspected of bearing infringing sign
135BRelease of goods
97Section 142 replaced (Application of sections 143 to 146)
142Application of sections 143 to 146
98Section 143 amended (Determination to conduct investigation)
99Section 149 amended (Detention of goods bearing infringing sign)
100Section 150 amended (When detained goods may be released)
101Section 151 amended (Forfeiture of goods by consent)
102Section 153 amended (Proceedings to determine whether goods bear infringing sign)
103Section 154 amended (Powers of court)
104Section 157 amended (Protection of persons acting under authority of Act)
105Principal regulations
106New regulation 8A inserted (Labelling of grape ice wine for export following entry into force of Trans-Pacific Partnership Agreement)
8ALabelling of grape ice wine for export following entry into force of Trans-Pacific Partnership Agreement
107Regulation 18 amended (Offences)
Legislative history

The Parliament of New Zealand enacts as follows: