Designs Act 1953

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Reprint as at 13 May 2016

Designs Act 1953

Public Act		1953 No 65
Date of assent		26 November 1953
Commencement		see section 1(2)

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 Business, Innovation, and Employment.

	Title
1	Short Title and commencement
2	Interpretation
3	Commissioner and Assistant Commissioners of Designs
4	Powers of Assistant Commissioners of Designs
4A	Power of Commissioner to delegate
4B	Liability of Commissioner and others
	Registrable designs and proceedings for registration
5	Designs registrable under Act
6	Proprietorship of designs
7	Proceedings for registration
8	Registration of same design in respect of other articles, etc
9	Provisions for ensuring secrecy in respect of designs relevant for defence purposes
10	Provisions as to confidential disclosure, etc
	Effect of registration, etc
11	Right given by registration
12	Period of copyright
13	Exemption of innocent infringer from liability for damages, etc
14	Compulsory licence in respect of registered design
15	Cancellation of registration
	Use of registered designs for services of the Crown
16	Use of registered designs for services of the Crown
17	Rights of third parties in respect of Crown use
18	Reference of disputes as to Crown use
19	Special provisions as to Crown use during emergency
	International arrangements
20	Orders in Council as to convention countries
21	Registration of design where application for protection in convention country has been made
22	Extension of time for applications under section 21 in certain cases
23	Protection of designs communicated under arrangements with other countries
24	Regulations under section 22 or section 23
	Register of designs, etc
25	Register of designs
26	Certificate of registration
27	Registration of assignments, etc
27A	Application of Personal Property Securities Act 1999
28	Rectification of register by the court
29	Power of Commissioner to correct errors
29A	Power of Commissioner to alter certain inconsistent information
30	Inspection of registered designs
31	Information as to existence of copyright
32	Evidence of entries, documents, etc
	Legal proceedings and appeals
33	Certificate of contested validity of registration
34	Remedy for groundless threats of infringement proceedings
35	Appeal to High Court
	Powers and duties of Commissioner
36	Exercise of discretionary powers of Commissioner
37	Commissioner may grant extension of time
37A	Additional provisions for extending time limits
38	Costs and security for costs
39	Evidence before Commissioner
40	Recognition of agents
41	Commissioner may dispense with production of probate or letters of administration in certain cases
	Restoration of lapsed copyright in registered design
41A	Restoration of lapsed copyright in registered design
41B	Persons who may make request for restoration of copyright
41C	When request for restoration of copyright may be made
41D	Commissioner’s consideration of whether prima facie case has been made out for restoration
41E	Notice of opposition and reasonable opportunity to be heard
41F	Order to be made on payment of unpaid fees
	Restoration of design applications
41G	Request for restoration of abandoned design application
41H	When request for restoration of application may be made
41I	Notice of opposition
41J	Commissioner to determine matter
	Offences
42	Offences in respect of designs required to be kept secret
43	Falsification of register, etc
44	Fine for falsely representing a design as registered
	Supplemental
45	Opening hours of Intellectual Property Office of New Zealand
45A	Closing of Intellectual Property Office of New Zealand at short notice
46	Regulations
47	Fees
48	Service of notices, etc, by post
49	Annual report [Repealed]
50	Application of Act to Tokelau
51	Saving
52	Repeals and savings
	Schedule Enactments repealed
	Reprint notes

An Act to consolidate and amend certain enactments relating to designs

New Zealand Legislation

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Designs Act 1953

Designs Act 1953

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