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Crown Proceedings Act 1950 (reprint as at 18 July 2013), New Zealand
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Year of Version
2013
Dates
Entry into force:
January 1, 1952
Adopted:
November 23, 1950
Type of Text
IP-related Laws
Subject Matter
Enforcement of IP and Related Laws
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).'
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Crown Proceedings Act 1950 (reprint as at 18 July 2013)
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WIPO Lex No.
NZ140