Designs Regulations 1954

Reprint as at 13 September 2014

Designs Regulations 1954

(SR 1954/224)

C W M Norrie, Governor-General

Order in Council

At the Government House at Wellington this 15th day of December 1954

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.


Pursuant to the Designs Act 1953, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Contents

Part 1
Preliminary

1 Title, commencement, and arrangement

2 Interpretation

Part 2
Fees

3 Fees payable according to Schedule 1

4 Time of payment

5 Form of payment

6 Payments by post

Part 2A
Compliance with regulations by electronic means

7 Definitions used in this Part

8 Means of communicating with Commissioner

8A Signature requirements for communications by electronic means

8B Commissioner may communicate by electronic means

8C Interrelationship of this Part with rest of regulations

Part 3
Forms and documents

9 Forms prescribed in Schedule 2

10 Size, etc, of documents

11 Signature of documents by firms and bodies corporate

Part 4
Agency and correspondence

12 Agents may act for applicants

13 Authorization of agent

14 Service upon agent

15 Refusal to recognize agent

16 Addressing of correspondence [Revoked]

17 Personal signature may be required

18 Address for service

Part 5
Applications for registration

19 Signature of application

20 Appropriate application forms to be used

20A Applicant may request delay of issue of certificate of registration

21 Death of applicant

22 Separate applications for same design for more than 1 article

23 Name of article and novel features of design to be stated

24 Applications under section 8

Part 6
Representations

25 Representation of design to be furnished

26 Means of providing representation of design

27 Preparation [Revoked]

28 Specimens [Revoked]

29 Words, letters, or numerals

30 Repeating surface patterns

31 Portraits, insignia, etc

32 Name or portrait of living person

33 Excluded designs

Part 7
Convention applications

34 Requirements

35 Procedure

Part 8
Procedure on receipt of application

36 Objection by Commissioner

37 Hearing

38 Appeal

39 Non-completion

40 Registration

Part 8A
Restoration of design applications

40A Request for restoration of abandoned design application

40B Period for notice of opposition

40C Protection of persons who avail themselves of design

Part 9
Extension of period of copyright

41 Extension of period of copyright for further 5 years

42 Third period [Revoked]

43 Designs registered under section 8

44 Extension of time for payment

Part 9A
Restoration of lapsed copyright in registered design

44A Request for restoration of lapsed copyright in registered design

44B Period for notice of opposition

44C Protection of persons who avail themselves of design

Part 10
Assignments, etc

45 Registration

46 Copies of documents

47 Particulars required of person claiming

48 Cessation of interest

49 Alteration of entries

50 Cancellation of registration

51 Administration dispensed with in certain cases

Part 11
Correction of errors

52 Application

53 Advertisement

54 Opposition

55 Hearing

Part 12
Certificates and information

56 Certificate by Commissioner

57 Further certificate of registration

58 Request for information

59 Request for search

60 Designs not open to public inspection

Part 13
Compulsory licence

61 Application

62 Opposition

63 Evidence in support of application

64 Evidence in answer

65 Evidence closed

66 Hearing

67 Costs

Part 14
Cancellation of registration

68 Application

69 Procedure

70 Costs

Part 15
Evidence before the Commissioner

71 Form of evidence

72 Preparation of declarations, etc

73 Making of declaration, etc

74 Recognition of signatures on documents

75 Further evidence

Part 16
Applications to and orders of court

76 Service of copy of application on Commissioner

77 Action consequent upon court order

Part 17
Miscellaneous provisions

78 Designs excluded from the application of the Copyright Act 1913

79 Discretionary power

80 Power to dispense with evidence

81 Amendments

82 Extension of time

83 Destruction of records

Part 18
Revocations and savings

84 Revocations and savings

Schedule 1
Fees

Schedule 2
Forms

Schedule 3
Regulations revoked

Gazette information

Reprint notes