New Zealand

Crown Proceedings Act 1950 (reprint as at 18 July 2013)

Year of Version:2013
Date of Entry into Force:January 1, 1952
Date of Text (Enacted):November 23, 1950
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, Industrial Designs, Other, Patents (Inventions), Trademarks
Notes:
Section 7 of this Act stipulates: 'Provisions as to industrial property
(1) Where after the commencement of this Act any servant or agent of the Crown infringes a patent, a registered trade mark, or any copyright in a design, subsisting under the Patents Act
1953 or the Designs Act 1953 or the Trade Marks Act 2002, and the infringement is committed with the authority of the Crown, then, subject to the provisions of this Act, civil proceedings in respect of the infringement shall lie against the Crown.
(2) Nothing in the last preceding subsection or in any other provision of this Act shall affect the rights of any government department under sections 55 to 57 of the Patents Act 1953 or sections 16 to 19 of the Designs Act 1953, or the rights of any Minister of the Crown under section 26 of the Patents Act 1953.
(3) Save as expressly provided by this section, no proceedings shall lie against the Crown by virtue of this Act in respect of the infringement of a patent, a registered trade mark, or of any such copyright as is mentioned in subsection (1).'
Available Texts: 
English

Crown Proceedings Act 1950 (reprint as at 18 July 2013) Crown Proceedings Act 1950 (reprint as at 18 July 2013), Complete document (pdf) [274 KB]

WIPO Lex No.:NZ140

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