Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018

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Reprint as at 29 October 2019

Coat of Arms of New Zealand

Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018

Public Act
 
2016 No 90
Date of assent
 
21 November 2016
Commencement
 
see section 2

Act name: amended, on 26 October 2018, by section 4 of the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 (2018 No 41).

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.

This Act is administered by the Ministry of Foreign Affairs and Trade.

Contents

1Title
2Commencement
Part 1
Amendments to Copyright Act 1994
3Principal Act
4Section 2 amended (Interpretation)
5Section 22 amended (Duration of copyright in literary, dramatic, musical, or artistic works)
6Section 23 amended (Duration of copyright in sound recordings and films)
7Section 28 amended (Copyright vesting in certain international organisations)
8Section 67 amended (Acts permitted on assumptions as to expiry of copyright or death of author in relation to anonymous or pseudonymous works)
9Section 135 amended (Definitions)
10New sections 135A to 135C inserted
135ADetention of items suspected of being pirated copies
135BNotice
135CRelease of items
11Section 137 amended (Determination whether item is pirated copy)
12Section 140 amended (Detention of pirated copy)
13Section 141 amended (Proceedings)
14Section 141A amended (Forfeiture of goods by consent)
15Section 142 amended (Powers of court)
16Section 169 amended (Interpretation)
17Section 170 amended (Application)
18New sections 170A to 170I and subpart 1 and 2 headings in Part 9 inserted
Subpart 1—Performers’ moral rights
Right to be identified
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
Right relating to derogatory treatment of performance
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
Other provisions relating to moral rights
170HConsent and waiver of rights
170IApplication to parts of performances
Subpart 2—Consent required for recording, live transmission, or use of recording of performance
19Cross-heading above section 171 repealed
20Section 172 amended (Infringement by use of recording made without performer’s consent)
21New subpart 3 heading in Part 9 inserted
Subpart 3—Performers’ rights relating to film
22Section 173 amended (Copying of recordings)
23Section 174 amended (Infringement by importing, possessing, or dealing with illicit recording)
24New sections 174A to 174D and subpart 4 and 5 headings in Part 9 inserted
Subpart 4—Performers’ property rights relating to sound recordings
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
Subpart 5—Acts permitted in relation to performances
25Cross-heading above section 175 repealed
26Amendments to sections 175 to 189
27New section 192A and subpart 6 heading in Part 9 inserted
192AOther acts permitted in relation to performers’ property rights
Subpart 6—Miscellaneous provisions
28Section 193 replaced (Duration of rights)
193Duration of rights
29Section 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
Licences
194ILicences
194JRights and remedies of exclusive licensee
194KExercise of concurrent rights
30Cross-heading above section 195 replaced
Consent and waiver
31Section 195 amended (Consent)
32Section 196 amended (Proceedings for infringement of performers’ rights)
33New section 196A inserted (Proceedings against the Crown)
196AProceedings against the Crown
34New section 197A and cross-heading inserted
Presumptions
197APresumptions relevant to performances
35Section 198 amended (Criminal liability for making, dealing with, using, or copying illicit recordings)
36Section 199 amended (Order for delivery up in criminal proceedings)
37New section 201A inserted (Evidence in proceedings)
201AEvidence in proceedings
37ASection 226 amended (Definitions of TPM terms)
37BSection 226D amended (When rights of issuer of TPM work do not apply)
37CSection 226E amended (User’s options if prevented from exercising permitted act by TPM)
37DSection 226F replaced (Meaning of copyright management information)
37ESection 226G amended (Interference with CMI prohibited)
37FSection 226H amended (Commercial dealing in work subject to CMI interference)
37GSection 226I amended (Contravention of section 226G or 226H)
38Section 226 replaced (Definitions of TPM terms)
226AAAOverview of provisions relating to technological protection measures
226Definitions of TPM terms
39Section 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
40Section 226B amended (Rights of issuer of TPM work)
41Sections 226C to 226J and cross-heading replaced
226COffence of contravening section 226A, 226AB, or 226AC
226DProvisions to be construed independently
226EActs that do not infringe copyright or specified performers’ rights
226FGeographic market segmentation
226GLaw enforcement, national security, and performing or exercising other functions, powers, or duties
226HEncryption research
226IEmbedded computer program that involves use of goods or services
226JComputer programs that are no longer supported by remote server
226KOther acts relating to computers
226LNon-infringing acts expressly permitted by regulations
226MRelationship with Crimes Act 1961
226NSections 226F to 226K apply subject to prescribed modifications
226OApplication of provisions to not-for-profit entities
Rights management information
226PDefinitions of RMI terms
226QInterference with RMI
226RDealing in RMI that has been modified
226SDealing in work subject to RMI interference
226TRights and remedies for contravention of sections 226Q to 226S
226UOffence of contravening sections 226Q to 226S
Protection of encrypted programme-carrying satellite and cable signals
226VDefinitions
226WProhibited dealing in decoding devices or systems relating to satellite signals
226XProhibited receipt and decoding of satellite signals or distribution of decoded satellite signals
226YProhibited conduct in relation to cable signals
226ZCivil remedies for contravention of sections 226W to 226Y
226ZAOffence for contravention of section 226W or 226X
Fraudulently receiving programmes and unauthorised reception of transmissions
42Section 228 amended (Rights and remedies in respect of apparatus, etc, for unauthorised reception of transmissions)
43Section 234 amended (Regulations)
44Schedule 1 amended
Subpart 1—Copyright
44Interpretation
45Duration of copyright in works generally
46Duration of copyright in certain works
Subpart 2—Performers’ rights
Interpretation
47Interpretation
Application
48Application
Duration
49Duration of performers’ rights generally
50Duration of certain performers’ rights
Part 2
Amendments to Customs and Excise Act 1996
[Repealed]
45Principal Act [Repealed]
46Section 119 amended (Application for Customs ruling) [Repealed]
47Section 120 amended (Making of Customs ruling) [Repealed]
48Section 122 amended (Effect of Customs ruling) [Repealed]
Part 3
Amendments to Dairy Industry Restructuring Act 2001
49Principal Act
50Section 5 amended (Interpretation)
51New section 5A inserted (Transitional, savings, and related provisions)
5ATransitional, savings, and related provisions
52Section 26 amended (Later allocation of export licences)
53Section 27A amended (Increases or reductions in rights to export to designated markets after initial period)
54New Schedule 1 inserted
55Schedule 5A amended
56Schedule 5B amended
Part 4
Amendment to Hazardous Substances and New Organisms Act 1996
57Principal Act
58Section 59 amended (Time limits and waivers)
Part 5
Amendments to Legislation Act 2012
59Principal Act
60Section 3 amended (Purposes)
61Section 4 amended (Interpretation)
62Section 13 amended (Complying with requirement to publish or notify in Gazette by publishing and notifying under this Act)
63New Part 2A inserted
Part 2A
Publishing, for international transparency, of copies of and links to certain subordinate legislation
Purpose, overview, and definitions
36APurpose of this Part
36BOverview of this Part
36CInstrument, and other terms, defined
Duty to publish and make available copies on maker’s website
36DMaker must ensure instrument is published and made available
Duty to ensure details are in or with copies as on maker’s website
36EMaker must ensure details are in or with instrument
Links to be forwarded and made available on central website
36FLinks to be forwarded as directed
36GLinks forwarded and other instruments must be published and made available
64Section 59 amended (Functions of PCO)
65Schedule 2 amended
Part 6
Amendments to Overseas Investment Act 2005
66Principal Act
67New section 8A inserted (Transitional, savings, and related provisions) [Repealed]
68Section 13 amended (What are overseas investments in significant business assets)
68ASection 61 amended (Regulations)
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
70Schedule 1AA amended
Part 7
Amendments to Patents Act 2013
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
Subpart 10A—Extension of term
Extension of term if unreasonable delay in granting patent
111ARequests for extension of patent if delay in granting patent
111BGrant of extension of patent on ground of unreasonable delay in granting patent
Extension of term of patents relating to pharmaceutical substances
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
General provisions about all extensions of term under this subpart
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 1AA 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
Part 8
Amendments to Tariff Act 1988
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)
Part 9
Amendments to the Tariff
89Tariff amended
90Tariff, note 2 amended
91Tariff, note 3 amended
Part 10
Amendments to Trade Marks Act 2002
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
Detention of goods suspected of bearing infringing sign
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)
Part 11
Amendments to Wine Regulations 2006
105Principal regulations
106New regulation 8A inserted (Labelling of grape ice wine for export)
107Regulation 18 amended (Offences)
Schedule 1
Replacing references in sections 175 to 179 and 181 to 189 of Copyright Act 1994
Schedule 2
New Schedule 1 of Dairy Industry Restructuring Act 2001 inserted
Schedule 3
Schedule 1AA of Overseas Investment Act 2005 amended
Reprint notes

The Parliament of New Zealand enacts as follows: