THE LAYOUT DESIGNS (ELIGIBLE COUNTRIES)
ORDER 1995

CATHERINE A. TIZARD, Governor-General

ORDER IN COUNCIL

At Wellington this 10th day of April 1995

Present:

The Right Hon. J. B. Bolger presiding in Council

Pursuant to section 37 of the Layout Designs Act 1994, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

ORDER

SCHEDULE
Eligible Countries

MARIE SHROFF,
Clerk of the Executive Council.

EXPLANATORY NOTE

This note is not part of the Aver, but is intoned to indicate its general effect.

This order declares a number of countries to be eligible countries for the purposes of the Layout Designs Act 1994.

The Layout Designs Act 1994 confers statutory protection on owners of layout design rights in eligible layout designs.

Section 2 of the Act defines an eligible layout design to be an original layout design-

(a) The maker, or in relation to a jointly made layout design any one or more of the makers, of which was, at the time the design was made, an eligible person; or

(b) That was first commercially exploited in New Zealand or in an eligible country.

Section 2 defines the term "eligible person" to include a citizen of an eligible country or a person who is domiciled or resident in an eligible country or a body corporate incorporated in an eligible country.

The order lists the countries that are eligible countries for the purposes of the Act.

Section 37 of the Act provides that a country may not lie declared to be an eligible country unless-

(a) It is a party to a treaty or convention relating to the protection of layout designs to which New Zealand is also a party; or

(b) The Governor General is satisfied that, if the country is not a party to such a treaty or convention, provision is or will be made under the law of that country under which adequate protection is or will be given to layout designs made by persons referred to in paragraph (a) or paragraph (b) of the definition of the term "eligible person" in section 2 of the Act and to layout designs first commercially exploited in New Zealand.

The countries listed are parties to the Marrakesh Agreement Establishing the World Trade Organization to which New Zealand is also a party.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 11 April 1995.

This order is administered in the Department of Justice.