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Designs Regulations 1954, Amendment No. 12, New Zealand

Back Repealed Text 
Details Details Year of Version 1991 Dates Entry into force: December 13, 1991 Adopted: December 9, 1991 Type of Text Implementing Rules/Regulations Subject Matter Industrial Designs Notes New Zealand law also provides protection for industrial designs under the Copyright Act 1994.

Date of entry into force: see Article 1(2) for further details.

Available Materials
Main Text(s) Related Text(s)
Main text(s) Main text(s) English Designs Regulations 1954, Amendment No. 12        
NZ047: Designs, Regulations (Amendment No. 12), 09/12/1991, No. 271

THE DESIGNS REGULATIONS 1954,
AMENDMENT NO. 12

CATHERINE A. TIZARD, Governor-General

ORDER IN COUNCIL

At Wellington this 9th day of December 1991

Present:

Her Excellency the Governor-General in Council

Pursuant to sections 46 and 47 of the Designs Act 1953, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

REGULATIONS

1. Title and commencement-
(1) These regulations may be cited as the Designs Regulations 1954, Amendment No. 12, and shall be read together with and deemed part of the Designs Regulations 1954* (hereinafter referred to as the principal regulations).
(2) Except as provided in subclause (3) of this regulation, these regulations shall come into force on the day after the date of their notification in the Gazette.
(3) Regulations 2 and 5 of these regulations shall come into force on the 1st day of March 1992.
2. New scale of fees substituted-
The principal regulations are hereby amended by revoking the First Schedule (as substituted by regulation 2 of the Designs Regulations 1954, Amendment No. 11), and substituting the First Schedule set out in the Schedule to these regulations.
3. Transitional provisions relating to extension fees-
(1) The fee payable in respect of any application for extension of copyright pursuant to section 12 of the Designs Act 1953 shall be the fee that would have been payable if regulation 2 of these regulations had not been made in any case where-
(a) The current period of copyright expires on or before the 29th day of February 1992; or
(b) The application for extension of copyright for the period was made and the fee paid on or before the date of the notification of these regulations In the Gazette.
(2) Subject to subclause (1) of this regulation, where the current period of registration expires on or after the 1st day of March 1992, the fee payable in respect of any application for extension of copyright for any subsequent period pursuant to section 12 of the Designs Act 1953 shall be the fee that would have been payable if regulation 2 of these regulations had come into force before the making of the application and the payment of the fee.
4. Amount of goods and services tax not included-
Except relation to the item marked * in the First Schedule to the principal regulations (as substituted by regulation 2 of these regulations), the fees prescribed by the principal regulations are exclusive of goods and services tax under the Goods and Services Tax Act 1985.
5. Revocation-
The Designs Regulations 1954, Amendment No. 11 are hereby consequentially revoked.

Reg. 2

SCHEDULE
New First Schedule to Principal Regulations

Reg. 3

"FIRST SCHEDULE
Fees

Item

Matter

Amount $

Corresponding Designs Form No.

1

On application to register 1 design to be applied to a single article

100

2 or 3

2

On application to register 1 design to be applied to a set of articles

100

4 or 5

3

On application for extension of copyright under section 12 (2) of the Act for second period

100

12

4

On application for extension of copyright under section 12 (2) of the Act for third period

200

13

5

On request to enter subsequent proprietorship, etc., under regulation 45 of these regulations:

In respect of 1 design

50

15 or 16

On each application covering more than 1 design, the devolution of title being the same as in the first design

For the first design

50

15 or 16

For each additional design

25

..

6

On application for entry of notification of document in the register:

In respect of 1 design

50

17

On each application covering more than 1 design, and referred to in the same document as the first design:

For the first design

50

17

For each additional design

30

..

7

On application of mortgagee, licensee, or other person for entry that the applicant no longer claims such interest:

In respect of 1 design

40

18

For each additional design

30

..

8

On application to enter change of name or nationality of registered proprietor in the register:

In respect of 1 design

40

19

For each additional design

20

..

9

On application for alteration of address or address for service in the register:

In respect of 1 design

40

20

For each additional design

20

..

10

On application by proprietor for cancellation

30

21

11

On application under section 41 of the Act for leave to dispense with the production of probate or letters of administration

50

22

12

On application under section 29 (3) of the Act to correct error

60

23

13

On giving notice of opposition to correction of error

130

24

14

On application for certificate of Commissioner for use in obtaining registration outside New Zealand or for use in legal proceedings or other special purpose

60

25

15

On application for a further certificate of registration

50

26

16

On application for search under section 31 of the Act when registration number is supplied

30

27

17

On application for search under section 31 of the Act when registration number is not supplied

50

28

18

On application for search under regulation 59 of these regulations

50

29

19

On application for compulsory licorice under section 14 of the Act

170

30

20

On notice that hearing of an application for cancellation or compulsory licence will be attended

60

31

21

On application for cancellation of registration under section 15 (2) of the Act

100

32

22

On application for entry of order of Court in register

40

33

23

On all applications for extension of time not being extensions of the period of copyright in a design:

For each month or part thereof

30

7, 14, 34

24

For photographic copy of documents:

Per document

4

Plus each page copied

0.28

Each page copied by way of self service

0.14*..

25

For certifying office copies, MSS., printed or photographic

35

..

26

On hearing before Commissioner other than hearings to which item 20 applies

60

.."

MARIE SHROFF,
Clerk of the Executive Council.

EXPLANATORY NOTE

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations prescribe a new scale of fees in respect of various matters under the Designs Regulations 1954. Under the new scale one fee (the fee for photocopying documents) is increased and the fees for a number of matters are reduced.

Regulation 2 which comes into force on 1 March 1992, substitutes a new scale of fees payable in respect of various matters. A new fee is prescribed for obtaining photographic copies of documents by way of self service.

Regulation 3 provides that, except in respect of the fee for the photocopying: of documents by way of self service, the fees prescribed by the principal regulations are exclusive of goods and services tax.

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

Date of notification in Gazette: 12 December 1991.

These regulations are administered in the Ministry of Commerce.

* S.R. 1954/224

Amendment No. 1: (Revoked by S.R. 1976/28)

Amendment No. 2: S.R. 1975/54

Amendment No. 3: (Revoked by S.R. 1977/63)

Amendment No. 4: (Revoked by S.R. 1980/81)

Amendment No. 5: (Revoked by S.R. 1982/86)

Amendment No. 6: (Revoked by S.R. 1981/126)

Amendment No. 7: (Revoked by SR 1985/226)

Amendment No. 8: (Revoked by S.R. 1906/68)

Amendment No. 9: (Revoked by S.R. 1987/228)

Amendment No. 10: S.R. 1987/228

Amendment No. 11: S.R. 1988/280

* Inclusive of goods and services tax under the Goods and Services Tax Act 1985.

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