Reprint as at 19 April 2011
(SR 1954/224)
C W M Norrie, Governor-General
At the Government House at Wellington this 15th day of December 1954
Present: His Excellency the Governor-General in Council
Pursuanttothe DesignsAct1953 ,HisExcellencytheGovernor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.
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.
Page
1 Title, commencement, and arrangement 6 2 Interpretation 6
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
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
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
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
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
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
Schedule 3 71 Regulations revoked
A reference to a numbered form is a reference to the designs form so numbered in Schedule 2 of these regulations. Regulation 2 Commissioner’s Internet site: inserted, on 19 April 2011, by
regulation 4(2) of the DesignsAmendment Regulations2011 (SR 2011/75).
Regulation 2 electronic reproduction : inserted, on 19 April 2011, by regula tion 4(2) of the Designs Amendment Regulations 2011 (SR 2011/75).
Regulation 2 lodged : revoked, on 19April 2011, by regulation 4(1) of the De signs Amendment Regulations 2011 (SR 2011/75).
Regulation 2 paper document : inserted, o Designs Regulations 1954
Order in Council
Note
These regulations are administered bythe Ministry of Economic Development.
Regulations Part 1 Preliminary
1 (1) Title, commencement, and arrangement These regulations may be cited as the Designs Regulations 1954. (2) These regulations shall come into force immediately after the commencement of the Designs Act 1953. (3) These regulations are arranged as follows: 2 Interpretation In these regulations, unless the context otherwise requires,— the Act means the Designs Act 1953 agentmeansanagentdulyauthorizedtothesatisfactionofthe Commissioner Commissioner’s Internet site means the Internet site operated by, or on behalf of, the Commissioner Commonwealth country means a country that is a member of the British Commonwealth of Nations; and includes every territory for whose international relations the Government of that country is responsible conventionapplicationmeansanapplicationinNewZealand under section 21 of the Act electronic reproduction means a copy of a paper document thatistransmittedorstoredbyelectronicmeans(forexample, an image of a paper document that has been electronically scanned or a copy of a paper document that is sent by means of a fax machine) paper document means a form or document that is represented or reproduced in a visible and tangible form and medium (for example, in print) registermeanstheregisterofdesignskeptundersection25of the Act textile article means textile piece goods, handkerchiefs, and shawls; and includes such other classes of articles of a similar character as the Commissioner may from time to time decide