Layout Designs Act 1994

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Version as at 28 October 2021

Coat of Arms of New Zealand

Layout Designs Act 1994

Public Act
 
1994 No 116
Date of assent
 
25 November 1994
Commencement
 
see section 1(2)
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

Title
1Short Title and commencement
Part 1
Interpretation and application
2Interpretation
3Meaning of commercially exploited
4Meaning of exclusive right
5Meaning of making in relation to an eligible layout design
6Meaning of original
7Licence of owner of layout design rights
8Eligible layout design includes substantial part of the design
9Reference to joint makers
10Application to layout designs made before commencement of this Act
11Act to bind the Crown
Part 2
Ownership and nature of layout design rights
12Ownership of layout design rights
13Nature of layout design rights
14Infringement of layout design rights
Part 3
Exceptions
15Innocent commercial exploitation
16Copying for private use
17Copying for research or teaching purposes
18Evaluation or analysis
19Commercial exploitation of eligible layout design previously exploited under licence
20Use for defence, security, and other purposes
21Nature and scope of rights under section 20
22Duty to inform owner
23Owner of layout design rights entitled to remuneration
24Appeal to High Court
Part 4
Remedies for infringement
25Actions for damages
26Injunctions
27Application of sections 28 to 34 to exclusive licensee
28Rights of exclusive licensee
29Proceedings where concurrent rights exist
30Defences in proceedings by exclusive licensee
31Assessment of damages where exclusive licence granted
32Apportionment of profits between owner and exclusive licensee
33Limitation on relief where separate proceedings relate to same infringement
34Liability for costs
35Presumptions
36Proof of certain facts
Part 5
Miscellaneous
37Eligible countries
38Prospective ownership of layout design rights
39Assignments and licences of layout design rights
40Groundless legal proceedings
41Amendments to Copyright Act 1962 [Repealed]
42Amendment to Commerce Act 1986
Layout Designs Amendment Act 1999
Notes

An Act to provide for the protection of layout designs for integrated circuits