اللائحة التنفيذية للرسوم والنماذج الصناعية لعام 1954 (بطبعتها الصادرة في 19 أبريل 2011)، نيوزيلندا

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

Ageneraloutlineofthesechangesissetoutinthenotesattheendofthiseprint,togetherwith other explanatory material about this eprint.

These regulations are administered bythe Ministry of Economic Development.

Page

Part 1 Preliminary

1 Title, commencement, and arrangement 6 2 Interpretation 6

Part 2 Fees

3 Fees payable according to Schedule 1 7 4 Time of payment 7 5 Form of payment 7 6 Payments by post 8 7 Payments from beyond New Zealand[Revoked] 8 8 Notice of fees due[Revoked] 8

Part 2A Compliance with regulations by electronic means

7 Definitions used in this Part 8 8 Means of communicating with Commissioner 8 8A Signature requirements for communications by electronic 9

means 8B Commissioner may communicate by electronic means 10 8C Interrelationship of this Part with rest of regulations 10

Part 3 Forms and documents

9 Forms prescribed in Schedule 2 11 10 Size, etc, of documents 11 11 Signature of documents by firms and bodies corporate 11

Part 4 Agency and correspondence

12 Agents may act for applicants 12 13 Authorization of agent 12 14 Service upon agent 12 15 Refusal to recognize agent 12 16 Addressing of correspondence[Revoked] 12 17 Personal signature may be required 13 18 Address for service 13

Part 5 Applications for registration

19 Signature of application 13

2

20 Appropriate application forms to be used 13 20A Applicant may request delay of issue of certificate of 14

registration 21 Death of applicant 14 22 Separate applications for same design for more than 1 14

article 23 Name of article and novel features of design to be stated 14 24 Applications under section 8 15

Part 6 Representations

25 Representation of design to be furnished 15 26 Means of providing representation of design 15 27 Preparation[Revoked] 16 28 Specimens[Revoked] 16 29 Words, letters, or numerals 16 30 Repeating surface patterns 16 31 Portraits, insignia, etc. 16 32 Name or portrait of living person 17 33 Excluded designs 17

Part 7 Convention applications

34 Requirements 17 35 Procedure 18

Part 8 Procedure on receipt of application

36 Objection by Commissioner 18 37 Hearing 18 38 Appeal 19 39 Non-completion 19 40 Registration 19

Part 8A Restoration of design applications

40A Request for restoration of abandoned design application 19 40B Period for notice of opposition 20 40C Protection of persons who avail themselves of design 20

Part 9 Extension of period of copyright

41 Extension of period of copyright for further 5 years 21 42 Third period[Revoked] 21

3

43 Designs registered under section 8 21 44 Extension of time for payment 21

Part 9A Restoration of lapsed copyright in registered design

44A Request for restoration of lapsed copyright in registered 22

design 44B Period for notice of opposition 22 44C Protection of persons who avail themselves of design 22

Part 10 Assignments, etc.

45 Registration 23 46 Copies of documents 23 47 Particulars required of person claiming 24 48 Cessation of interest 24 49 Alteration of entries 24 50 Cancellation of registration 24 51 Administration dispensed with in certain cases 24

Part 11 Correction of errors

52 Application 25 53 Advertisement 25 54 Opposition 25 55 Hearing 25

Part 12 Certificates and information

56 Certificate by Commissioner 26 57 Further certificate of registration 26 58 Request for information 26 59 Request for search 26 60 Designs not open to public inspection 27

Part 13 Compulsory licence

61 Application 27 62 Opposition 27 63 Evidence in support of application 27 64 Evidence in answer 28 65 Evidence closed 28 66 Hearing 28 67 Costs 28

4

Part 14 Cancellation of registration

68 Application 28 69 Procedure 29 70 Costs 29

Part 15 Evidence before the Commissioner

71 Form of evidence 29 72 Preparation of declarations, etc. 29 73 Making of declaration, etc. 29 74 Recognition of signatures on documents 30 75 Further evidence 30

Part 16 Applications to and orders of Court

76 Service of copy of application on Commissioner 30 77 Action consequent upon Court order 31

Part 17 Miscellaneous provisions

78 Designs excluded from the application of the Copyright 31 Act 1913 79 Discretionary power 31 80 Power to dispense with evidence 32 81 Amendments 32 82 Extension of time 32 83 Destruction of records 32

Part 18 Revocations and savings

84 Revocations and savings 33

Schedule 1 34 Fees

Schedule 2 35 Forms

Schedule 3 71 Regulations revoked

Part 2 Fees 3 Fees payable according to Schedule 1

(1)

Thefeestobepaidinrespectoftheregistrationofdesignsand applications therefor and in respect of other matters relating to designs arising under the Act shall be those prescribed in Schedule 1.

(2)

Thefeesprescribedbytheseregulationsareexclusiveofgoods and services tax. Regulation3(2): inserted,on1July1999,byregulation2oftheDesignAmend

ment Regulations 1999 (SR 1999/155).

4 Time of payment Fees and charges payable to the Patent Office shall be paid at the time of making an application or request or upon giving notice or filing any instrument in respect of which a fee or charge is payable under these regulations.

7 Definitions used in this Part

In this Part,—

give means issue, furnish, lodge, supply, produce, file, send, or give in any other manner referred to in these regulations informationoradocumentmeansanyevidence,application,

authority, request, representation, form, certificate, statement, notice, paper, or any other type of information or document referred to in these regulations. Regulation7: inserted,on19April2011,byregulation9oftheDesignsAmend

ment Regulations 2011 (SR 2011/75).

8 Means of communicating with Commissioner

(1)

This regulation applies to a requirement in these regulations for—

(a)

information or a document to be lodged; or

(b)

information or a document to be given to the Commissioner; or

(c)

anytypeofrequest,communication,orcorrespondence to be made with the Commissioner.

(2)

Therequirementismetbyprovidingtheinformationordocument,request,communication,orcorrespondencetotheCommissioner—

(a)

by means of the Commissioner’s Internet site; or

(b)

in accordance with section 48(1) of the Act; or

(c)

by other means acceptable to the Commissioner.

Regulation8: inserted,on19April2011,byregulation9oftheDesignsAmend ment Regulations 2011 (SR 2011/75).

8A Signaturerequirementsforcommunicationsbyelectronic means

(1)

This regulation applies to a requirement in these regulations for information or a document—

(a)

to be signed; or

(b)

to contain or have a signature upon it; or

(c)

containingasignaturetobelodgedorgiventotheCommissioner.

(2)

The requirement is met—

(a)

if the person who is required to sign the information or document provides it (with or without signature) to the Commissioner by means of the Commissioner’s Internet site by logging on to an account on that site that he or she has the authority to use; or

(b)

ifanelectronicreproductioncontainingtherelevantsignature is provided to the Commissioner; or

(c)

by other means acceptable to the Commissioner.

(3)

If a person provides an electronic reproduction in accordance with subclause (2)(b), the person must—

(a)

retain the original copy of the paper document in the person’s possession or control until the time during which a hearing or an appeal under the Act or these regulationstowhichthedocumentmayberelevanthas ended; and

(b)

make the paper document available to any hearing or appealunderthe Act ortheseregulationsorattheCommissioner’s direction.

Regulation 8A: inserted, on 19 April 2011, by regulation 9 of the Designs Amendment Regulations 2011 (SR 2011/75).

8B Commissioner may communicate by electronic means

(1)

A requirement in these regulations for the Commissioner to give information or a document, or to communicate or correspond in any way (whether in writing or otherwise), is met byprovidingtheinformationordocument,communication,or correspondence—

(a)

by means of the Commissioner’s Internet site; or

(b)

in accordance with section 48(1) of the Act; or

(c)

byothermeansthatarereasonableinthecircumstances.

(2)

TheCommissionermustnotifytherecipientofinformationor a document, communications, or correspondence provided in accordance with subclause (1)(a) if—

(a)

there is a time frame within which the recipient must respond to it; or

(b)

it is reasonable to expect the Commissioner to do so in the circumstances.

Regulation 8B: inserted, on 19 April 2011, by regulation 9 of the Designs Amendment Regulations 2011 (SR 2011/75).

8C Interrelationship of this Part with rest of regulations

(1)

Nothing in regulation 8A(2)(a) applies to—

(a)

an instrument, a document, or an official or certified copy of an instrument or a document that is provided in support of an application that is referred to in Part 10 ; or

(b)

evidence that is required to be filed under these regulations; or

(c)

statutory declarations or affidavits that are required by these regulations.

(2)

Nothing in this Part overrides regulations 13(2), 17, or 18.

(3)

Except as set out in subclauses (1) and (2), this Part applies despite anything to the contrary in these regulations. Regulation 8C: inserted, on 19 April 2011, by regulation 9 of the Designs

Amendment Regulations 2011 (SR 2011/75).

Forms prescribed in Schedule 2

17 Personal signature may be required In any particular case the Commissioner may, if he thinks fit, require the personal signature or presence of an applicant or other person.

Part 6 Representations 25 Representation of design to be furnished

(1)

Anapplicationfortheregistrationofadesignmustbeaccompanied by a representation of the design.

(2)

Ifthedesignistobeappliedtoasetofarticles,therepresentation must show the design as applied to each different article included in the set.

(3)

TheCommissionermayatanytimebeforeregistrationrequire additional representations. Regulation 25: substituted, on 19 April 2011, by regulation 17 of the Designs

Amendment Regulations 2011 (SR 2011/75).