World Intellectual Property Organization

New Zealand

Designs Regulations 1954 (reprinted as at 19 April 2011)

 

 

Reprint as at 19 April 2011

Designs Regulations 1954

(SR 1954/224)

C W M Norrie, Governor-General

Order in Council

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.

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

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

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, on 19 April 2011, by regulation 4(2) of the Designs Amendment Regulations 2011 (SR 2011/75).

Regulation 2 specimen : revoked, on 19 April 2011, by regulation 4(1) of the Designs Amendment Regulations 2011 (SR 2011/75).

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.

5 Form of payment

(1)
Fees may be paid
(a)
by electronic means; or
(b)
by other means acceptable to the Commissioner.
(2)
The Commissioner may delay taking an action until the fee that must be paid for that action has been received. Regulation 5: substituted, on 19 April 2011, by regulation 5 of the Designs

Amendment Regulations 2011 (SR 2011/75).

6 Payments by post Payments sent by mail to the Patent Office shall be at the risk of the sender. Regulation 6: amended, on 19 April 2011, by regulation 6 of the Designs

Amendment Regulations 2011 (SR 2011/75).

7 Payments from beyond New Zealand

[Revoked]

Regulation7: revoked,on19April2011,byregulation7oftheDesignsAmend ment Regulations 2011 (SR 2011/75).

8 Notice of fees due

[Revoked]

Regulation8: revoked,on19April2011,byregulation8oftheDesignsAmend ment Regulations 2011 (SR 2011/75).

Part 2A Compliancewithregulationsbyelectronic means

Part2A:inserted,on19April2011,by regulation9 oftheDesignsAmendment Regulations 2011 (SR 2011/75).

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

The forms set out in Schedule 2 shall be used in all cases to
whichtheyareapplicable,andmaybemodifiedasdirectedby
the Commissioner.
10 Size, etc, of documents
(1) Subject to any directions that may be given by the Commis
sioner in any particular case, all applications, notices, papers
having representations affixed, and other documents lodged
undertheActortheseregulationsasapaperdocumentshallbe
upon strong paper, and, except where otherwise required, on
onesideonly,approximatelyA4internationalsize,andhaving
on the left hand part thereof a margin of approximately 5cm.
(2) All electronic reproductions lodged or given under the Act or
theseregulationsmustbeabletobereadilyprintedononeside
onlyofpaperofapproximatelyA4internationalsize,andhav
ingonthelefthandpartofthepaperamarginofapproximately
5 cm.
Regulation 10(1): amended, on 19 April 2011, by regulation 10(1) of the Designs Amendment Regulations 2011 (SR 2011/75).
Regulation 10(2): added, on 19 April 2011, by regulation 10(2) of the Designs Amendment Regulations 2011 (SR 2011/75).
Regulation 10: amended, on 27 March 1975, by regulation 2(1)(a) of the Designs Regulations 1954, Amendment No 2 (SR 1975/54).
Regulation 10: amended, on 27 March 1975, by regulation 2(1)(b) of the Designs Regulations 1954, Amendment No 2 (SR 1975/54).
11 Signature of documents by firms and bodies corporate
(1) A document lodged by a firm must be signed by a partner or
anyotherpersonwhosatisfiestheCommissionerthatheorshe
isauthorizedtosignthedocumentonbehalfofthepartnership.
(2) A document lodged by a body corporate shall be signed by a
director or by the secretary of the body corporate or by any
other person who satisfies the Commissioner that he is autho
rized to sign the document.
Regulation11(1): substituted,on19April2011,byregulation11oftheDesigns Amendment Regulations 2011 (SR 2011/75).
12 Agents may act for applicants
An application for registration and all other communications
between an applicant and the Commissioner, and between the
registeredproprietorofadesignandthe Commissionerorany
other person, may be made by or through an agent.
13 Authorization of agent
(1) Anysuchapplicant,registeredproprietor,orotherpersonmay
appoint an agent to represent him in any proceeding or matter
bysigningandlodgingwiththeCommissioneranauthorityto
thateffectinform1,orinsuchotherformastheCommissioner
may deem sufficient.
(2) The authority must be lodged as an electronic reproduction or
a paper document.
Regulation 13(1): amended, on 19 April 2011, by regulation 12(1) of the Designs Amendment Regulations 2011 (SR 2011/75).
Regulation 13(2): added, on 19 April 2011, by regulation 12(2) of the Designs Amendment Regulations 2011 (SR 2011/75).
14 Service upon agent
Incaseofanysuchappointment,serviceupontheagentofany
documentrelatingtotheproceedingormattershallbedeemed
to be service upon the person so appointing him, and all com
munications directed to be made to that person in respect of
theproceedingormattermaybeaddressedtotheagentandall
attendances upon the Commissioner relating thereto may be
made by or through the agent.
15 Refusal to recognize agent
TheCommissionershallrefusetorecognizeasagentinrespect
ofanyproceedingsundertheActapersonwhoneitherresides
nor carries on business in New Zealand.
16 Addressing of correspondence
[Revoked]
Regulation 16: revoked, on 19 April 2011, by regulation 13 of the Designs Amendment Regulations 2011 (SR 2011/75).

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.

18 Address for service

(1)
Everyapplicantinanyproceedingstowhichtheseregulations relate, and every person registered as proprietor of, or as havinganinterestin,aregistereddesign,shallfurnishtotheCommissioner, in addition to his full residential or business address, an address for service in New Zealand.
(2)
The address for service may be treated, for all purposes connected with the proceedings or design, as the actual address oftheapplicantorpersonandshall,inthecaseofaregistered proprietor,beenteredontheregisterastheaddressforservice of the proprietor.
(3)
Any written communication addressed to an applicant in any proceedings, or to any person registered as proprietor of or as having an interest in a registered design, at his address for service shall be deemed to be properly addressed.
(4)
Where an address for service has not been furnished to the Commissioner, the Commissioner may treat the residential or businessaddressastheaddressforservice,unlesstheresidential or business address is out of New Zealand, in which case the Commissioner need not proceed with the examination of theapplicationuntilanaddressforserviceinNewZealandhas been furnished to him.

Part 5 Applications for registration 19 Signature of application

An application for registration of a design shall be signed by the applicant for registration or by his agent.

20 Appropriate application forms to be used An application for registration of a design shall be in form 2 or form 3, or in the case of a design to be applied to a set of articles in form 4 or form 5, as the case may be.

(1) (2) registration An applicant for the registration of a design may request the Commissioner to delay issuing a certificate of registration for that application for a period of up to 15 months from the date on which the application was made. The Commissioner may comply with that request.
Regulation 20A: inserted, on 19 April 2011, by regulation 14 of the Designs Amendment Regulations 2011 (SR 2011/75).
21 Death of applicant Incaseofthedeathofanyapplicantfortheregistrationofadesign after the date of his application and before registration of thedesignhasbeeneffected,theCommissionermay,onbeing satisfied of the applicant’s death, enter in the register, in place of the name, address, and nationality of the deceased applicant, the name, address, and nationality of the person owning the design on that ownership being proved to the satisfaction of the Commissioner.
22 Separate applications for same design for more than 1 article
(1) If the same design is to be registered in respect of more than 1 article, a separate application must be made in respect of each article.
(2) Each application must be treated as a separate and distinct application.
Regulation 22: substituted, on 19 April 2011, by regulation 15 of the Designs Amendment Regulations 2011 (SR 2011/75).
23 (1) Name of article and novel features of design to be stated Every application shall state the article to which the design is tobeapplied,andthattheapplicantclaimstobetheproprietor thereof.
(2) Except in the case of an application to register a design to be appliedtoatextilearticle,towallpaper,ortolace,theapplicationshallfurtherbeaccompaniedbyastatementofthefeatures of the design for which novelty is claimed.

(3) [Revoked]

Regulation 23(3): revoked, on 19 April 2011, by regulation 16 of the Designs Amendment Regulations 2011 (SR 2011/75).

24 Applications under section 8 If the application is for the registration of a design which has already been registered in respect of one or more articles, or consistsofaregistereddesignwithmodificationsorvariations not sufficient to alter the character or substantially to affect the identity thereof, and it is desired to claim the protection of section 8 for the application, it shall contain the number or numbers of the registration or registrations already effected.

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).

26 Means of providing representation of design

(1)
Representations must be given to the Commissioner
(a)
as 1 or more digital images in an electronic file format acceptable to the Commissioner; or
(b)
in any other format acceptable to the Commissioner.
(2)
Eachrepresentationmustclearlyandunambiguouslyshowthe novel design features of the design as applied to the article.
(3)
Each digital image may be in black and white, grey scale, or colour.
(4)
Each digital image must be
(a)
able to be readily printed on a single-sided A4 international size sheet of paper; and
(b)
clearly labelled stating the view of the article (for example,perspective view, front view, side view, plan, or otherwise).

Regulation 26: substituted, on 19 April 2011, by regulation 17 of the Designs Amendment Regulations 2011 (SR 2011/75).

27 Preparation

[Revoked]

Regulation 27: revoked, on 19 April 2011, by regulation 17 of the Designs Amendment Regulations 2011 (SR 2011/75).

28 Specimens

[Revoked]

Regulation 28: revoked, on 19 April 2011, by regulation 17 of the Designs Amendment Regulations 2011 (SR 2011/75).

29 Words, letters, or numerals Wherewords,letters,ornumeralsappearinthedesignbutare notoftheessenceofthedesign,theyshallberemovedfromthe representations. Where they are of the essence of the design, theCommissionermayrequiretheinsertionofadisclaimerof any right to their exclusive use. Regulation 29: amended, on 19 April 2011, by regulation 18 of the Designs

Amendment Regulations 2011 (SR 2011/75).

30 Repeating surface patterns Each representation of a design which consists of a repeating surfacepatternshallshowthecompletepatternandasufficient portion of the repeat in length and width. Regulation 30: amended, on 19 April 2011, by regulation 19 of the Designs

Amendment Regulations 2011 (SR 2011/75).

Regulation30: amended,on27March1975,byregulation2(2)DesignsRegulations 1954, Amendment No 2 (SR 1975/54).

31 Portraits, insignia, etc. WhereaportraitofHerMajestyorofanymemberoftheRoyal Family, or a reproduction of the armorial bearings, insignia, orders of chivalry, decorations, or flags of any country, city, borough, town, place, society, body corporate, institution, or person, appears on a design, the Commissioner, before proceeding to register the design, shall, if he so requires, be furnishedwithaconsenttotheregistrationanduseoftheportrait or reproduction from such official or other person as appears tothe Commissioner to be entitled to give consent, andindefault of such consent he may refuse to register the design.

32 Name or portrait of living person Wherethenameorportraitofalivingpersonappearsonadesign, the Commissioner shall be furnished, if he so requires, withconsentfromthepersonbeforeproceedingtoregisterthe design. In the case of a person recently dead, the Commissioner may call for consent from his legal representative beforeproceedingwiththeregistrationofa designonwhich the name or portrait of the deceased person appears.

33 Excluded designs There shall be excluded from registration under the Act designs to be applied to any of the following articles, namely:

(a)
works of sculpture other than casts or models used or intended to be used as models or patterns to be multiplied by any industrial process:
(b)
wall plaques and medals:
(c)
printed matter primarily of a literary or artistic character, including bookjackets, calendars, certificates, coupons, dressmaking patterns, greetings cards, leaflets, maps, plans, postcards, stamps, trade advertisements, trade forms, and cards, transfers, and the like.

Part 7 Convention applications 34 Requirements

(1) An application for registration under section 21 shall contain adeclarationthattheapplicationinaconventioncountryupon whichtheapplicantreliesisthefirstapplicationmadeinaconventioncountryinrespectofthedesign,whetherbytheapplicantorbyanypersonofwhomheclaimstobethelegalrepresentativeorassignee,andshallspecifytheconventioncountry

17

inwhichtheforeignapplicationwasmade,orisdeemedunder section21(4) tohavebeenmade,andtheofficialdatethereof.

(2)
In addition to the representations lodged with every convention application there shall be lodged with the application, or withinthreemonthsthereafter,acopyoftherepresentationof the design filed or deposited in respect of the first application in a convention country, duly certified by the official chief or headoftheDesignsOfficeoftheconventioncountry,orotherwise verified to the satisfaction of the Commissioner.
(3)
If any certificate or other document relating to the application isinaforeignlanguage,atranslationthereofshallbeannexed theretoandverifiedbystatutorydeclarationorotherwisetothe satisfaction of the Commissioner. Regulation 34(2): amended, on 19 April 2011, by regulation20 of the Designs

Amendment Regulations 2011 (SR 2011/75).

35 Procedure Saveasprovided byregulation 34,allproceedings inconnec tion with a convention application shall be taken within the times and in the manner prescribed by these regulations.

Part 8 Procedure on receipt of application 36 Objection by Commissioner

IfuponconsiderationoftheapplicationitappearstotheCommissioner that the design is not registerable under the Act, he shallstatehisobjectionstotheapplicantinwriting,andunless withinonemonththereaftertheapplicantappliesforahearing, the applicant shall be deemed to have withdrawn his application.

37 Hearing Iftheapplicantappliesforahearing,thedecisionoftheCommissioner at the hearing shall be communicated to the applicant in writing.

38 Appeal IftheapplicantdesirestoappealfromtheCommissioner’sdecision, he shall, within one month from the date of the deci sion, apply to the Commissioner in form 6 requesting him to stateinwritingthegroundsof,andthematerialsusedbyhimin arrivingat,hisdecision. Uponreceiptofanysuchapplication, the Commissioner shall send to the applicant such statement asaforesaidinwriting,andthedatewhenthestatementissent shallbedeemedtobethedateoftheCommissioner’sdecision for the purpose of an appeal.

39 Non-completion The time prescribed for the purposes of section 7(4), which relates to non-completion of an application, shall be twelve months from the date of the application: Provided that the application may be completed at any time aftertwelvemonthsbutwithinfifteenmonthsofthedateafore said if a request for an extension of time is made in form 7.

40 Registration The certificate of registration of a design shall be in form 8, form9 , form10 ,or form11 ,whicheverisapplicable,andmay be modified as directed by the Commissioner.

Part 8A Restoration of design applications

Part8A:inserted,on19April2011,by regulation21 oftheDesignsAmendment Regulations 2011 (SR 2011/75).

40A Request for restoration of abandoned design application A request under section 41G(2) of the Act for the restoration of an application for the registration of a design that is abandonedmustbemadewithin3monthsofthedateonwhichthe application is deemed to be abandoned under section 7(4) of the Act. Regulation 40A: inserted, on 19 April 2011, by regulation 21 of the Designs

Amendment Regulations 2011 (SR 2011/75).

40B Period for notice of opposition A notice of opposition under section 41I(1) of the Act must be given to the Commissioner within 2 months of the date on whichtherequestreferredtoin regulation40A ispublishedin the Journal in accordance with section 41G(5) of the Act. Regulation 40B: inserted, on 19 April 2011, by regulation 21 of the Designs

Amendment Regulations 2011 (SR 2011/75).

40C Protection of persons who avail themselves of design

(1)
Every order under section 41J of the Act must contain or be subject to the provisions prescribed in this regulation.
(2)
No action or other proceeding may be commenced or prosecuted, nor any royalties, damages, or account of profits recovered,inrespectofadesignthatapersonreferredtoin sec tion 41J(2) of the Act availed themselves of, or took definite stepstoavailthemselvesof,onthegroundthatthepersonhas infringed, or infringes, the copyright in the design.
(3)
However,subclause(2)appliesonlytotheextentthattheperson
(a)
continues to act in a manner that is consistent with, but doesnotgobeyond,thewayinwhichthepersonavailed themselves of the design; or
(b)
continues to act in a manner that is consistent with the definitive steps that were taken to avail themselves of the design so as to complete those steps; or
(c)
uses the result of the completion of the definitive steps in a manner that is consistent with, but does not go beyond,whatwascontemplatedbythosestepsinorderto avail themselves of the design.
(4)
To avoid doubt, the protection in subclause (2) applies to activities undertaken at any time after the date of registration of the design. Regulation 40C: inserted, on 19 April 2011, by regulation 21 of the Designs

Amendment Regulations 2011 (SR 2011/75).

Anapplicationunder section12(2) oftheActforanextension of the period of copyright for a second or a third period of 5 years must be made in form 12. Regulation 41: substituted, on 19 April 2011, by regulation 22 of the Designs

Amendment Regulations 2011 (SR 2011/75).

42 Third period

[Revoked]

Regulation 42: revoked, on 19 April 2011, by regulation 22 of the Designs Amendment Regulations 2011 (SR 2011/75).

43 Designs registered under section 8

(1)
Anapplicationforextensionoftheperiodofcopyrightinade signregisteredbyvirtue of section 8shall be madebefore the expirationoftheperiod of copyrightintheoriginal registered designcurrentatthedateoflodgingtheapplicationunder sec tion 8.
(2)
Where an application is made for registration of a design by virtue of section 8, and the period of copyright in the original registered design current at the date of lodging the said applicationexpiresbeforethecompletionofthatapplication,registration shall not be effected until the copyright in the original registered design has been extended for a further period and anapplicationhasbeen lodged fortheextension oftheperiod of copyright in the design to be registered.

44 Extension of time for payment

A request for an extension of time for payment of any fee payable for an extension of the period of copyright shall be made in form 14.

Part 9A Restoration of lapsed copyright in registered design

Part9A:inserted,on19April2011,by regulation23 oftheDesignsAmendment Regulations 2011 (SR 2011/75).

44A Request for restoration of lapsed copyright in registered design Arequestunder section41A(2) oftheActfortherestorationof copyright in a registered design that has ended must be made within 12 months of the date on which the copyright ended. Regulation 44A: inserted, on 19 April 2011, by regulation 23 of the Designs

Amendment Regulations 2011 (SR 2011/75).

44B Period for notice of opposition A notice of opposition under section 41E(1) of the Act must be given to the Commissioner within 2 months of the date on whichtherequestreferredtoin regulation44A ispublishedin the Journal in accordance with section 41D(2) of the Act. Regulation 44B: inserted, on 19 April 2011, by regulation 23 of the Designs

Amendment Regulations 2011 (SR 2011/75).

44C Protection of persons who avail themselves of design

(1)
Every order under section 41A of the Act must contain or be subject to the provisions prescribed in this regulation.
(2)
No action or other proceeding may be commenced or prosecuted,noranyroyalties,damages,oraccountofprofitsrecovered,inrespectofaregistereddesignthatapersonreferredto in section 41F(2)(b) of the Act availed themselves of, or took definite steps to avail themselves of, on the ground that the personhasinfringed,orinfringes,thecopyrightinthedesign.
(3)
However,subclause(2)appliesonlytotheextentthattheperson
(a)
continues to act in a manner that is consistent with, but doesnotgobeyond,thewayinwhichthepersonavailed themselves of the design; or
(b)
continues to act in a manner that is consistent with the definitive steps that were taken to avail themselves of the design so as to complete those steps; or
(c)
uses the result of the completion of the definitive steps in a manner that is consistent with, but does not go beyond,whatwascontemplatedbythosestepsinorderto avail themselves of the design.
(4)
Toavoiddoubt,theprotectioninsubclause(2)appliestoactivitiesundertakenatanytimeafterthedateonwhichtheperiod ofcopyrightintheregistereddesignendedassetoutin section 41A of the Act (including after the date on which the period of copyright is extended). Regulation 44C: inserted, on 19 April 2011, by regulation 23 of the Designs

Amendment Regulations 2011 (SR 2011/75).

Part 10 Assignments, etc. 45 Registration

(1)
An application for the registration of the title of any person becoming entitled by assignment, transmission, or operation oflawtoaregistereddesignortoashareinaregistereddesign, or becoming entitled as mortgagee, licensee, or otherwise to any interest in a registered design, shall be made,
(a)
inthecaseofanapplicationunder section27(1) ,bythe person becoming so entitled in form 15:
(b)
inthecaseofanapplicationunder section27(2) ,bythe assignor, licensor, or other party conferring the interest in form 16.
(2)
Application may be made in form 17 for entry in the register of notification of any other document purporting to affect the proprietorship of a registered design.

46 Copies of documents

(1)
An official or certified copy of any instrument or other documentwhichisreferredtoinanapplicationunder regulation45 andisamatterofrecordinNewZealandshallbeproducedto the Commissioner with the application.
(2)
Any other document so referred to shall, unless the Commissionerotherwisedirects,beproducedtohimwiththeapplication, anda certifiedcopy of any such document shall be filed.

47 Particulars required of person claiming An applicationunderregulation 45(1)shall contain the name, address, and nationality of the person claiming or stated to be entitled,togetherwithfullparticularsoftheinstrument,ifany, under which title is claimed or given.

48 Cessation of interest Wherethename ofapersonisentered intheregisterasmortgagee or licensee, that person may, on making an application for the purpose in form 18, have a note entered in the register that he no longer claims to be mortgagee or licensee, as the case may be.

49 Alteration of entries

(1)
Anapplicationbytheregisteredproprietorofadesignforthe alterationofaname,nationality,address,oraddressforservice entered on the register in respect of his design shall be made in form 19 or form 20, as the case may be.
(2)
Before acting on a request to alter a name or nationality the Commissioner may require such proof of the alteration as he thinks fit.
(3)
If the Commissioner is satisfied that the request may be allowed, he shall cause the register to be altered accordingly.

50 Cancellation of registration Where the registered proprietor of a design desires to cancel his registration, he shall make the application in form 21.

51 Administration dispensed with in certain cases Anapplicationunder section41 forleavetodispensewiththe productionofprobateorlettersofadministrationshallbemade in form22 ,andshallbesupportedbysuchevidenceasmaybe required by the Commissioner.

Part 11 Correction of errors

52 Application Arequestundersection29(3)forthecorrectionofamistakein theregister,inanycertificateofregistration,orapplicationfor theregistrationofadesign,oranydocumentfiledinpursuance of such an application, or in proceedings in connection with any design, shall be made in form 23.
53 Advertisement
Where the Commissioner requires notice of the nature of the proposed correction to be advertised, the advertisement shall be made by publication of the request and the nature of the proposed correction in the Journal, and in such other manner (if any) as the Commissioner may direct.
54 (1) Opposition Any person may, at any time within one month from the date of the advertisement in the Journal, give notice to the Commissionerofoppositiontotheproposedcorrectioninform24.
(2) Everysuchnoticeshallbeaccompaniedbyacopythereofand a statement (in duplicate) setting out fully the nature of the opponent’s interest, the facts on which he relies, and the relief which he seeks.
(3) A copy of the notice and of the statement shall be sent by the Commissioner to the person making the request, and the Commissioner may give such directions (if any) as he may think fit with regard to the subsequent procedure.
55 Hearing Whereinaccordancewithsection29(4)ahearingisappointed, atleastfourteendays’noticeoftheappointmentshallbegiven to the parties and to any other person to whom notice of the proposed correction has been given by the Commissioner.

Part 12 Certificates and information

56 Certificate by Commissioner
Where a certificate is required for the purpose of obtaining
registrationofadesigninacountryoutsideNewZealandorof
any legal proceeding or other special purpose, as to any entry,
matter, or thing which the Commissioner is authorized by the
Actortheseregulationstomakeordo,theCommissionermay,
on the lodging of a request in form 25, give the certificate,
whichshallalsospecifyonthefaceofitthepurposeforwhich
it has been issued as aforesaid.
57 Further certificate of registration
An application under section 26(2) for a further certificate of
registration shall be made in form 26, and shall be accompan
ied by evidence setting out in full and verifying the circum
stancesinwhichtheoriginalcertificateofregistrationwaslost
or destroyed or cannot be produced.
58 Request for information
(1) Where any person desires to obtain the information which he
isentitledtoobtainundersection31andcanfurnishtheregis
tration number of the design, he shall apply in form 27, and
the Commissioner shall thereafter furnish him with the infor
mation aforesaid.
(2) Where the applicant is unable to furnish the registration num
ber of a design, he shall apply in form 28 and furnish to the
Commissioner a representation or specimen (in duplicate) of
the design applied to an article, and the Commissioner shall
thereuponmakesuch search among designsappliedtotheart
iclesasmaybepossible,andshallfurnishsuchinformationas
can properly be given.
59 Request for search
The Commissioner shall, upon application for the purpose in
form29, accompaniedbyarepresentationorspecimen(indu
plicate) of a design applied to an article, cause a search to be
madeamongregistereddesignsandstatewhetherthedesignas

appliedtothatarticleappearstobeidenticalwith,orcloselyto resemble,anyregistereddesignappliedtothatarticleofwhich the copyright is still existing.

60 Designs not open to public inspection

(1)
Where the Commissioner has given a direction under section 9(1) prohibiting or restricting the publication of a design, the representation or specimen of the design shall not be open to public inspection while the direction remains in force.
(2)
Theperiodunder section30(2) duringwhichadesignshallnot beopentoinspection,exceptasprovidedinthatsection,shall be, as regards designs to be applied to textile articles, three years, and as regards designs to be applied to wallpaper and lace, two years, from the date of the registration thereof.

Part 13 Compulsory licence 61 Application

Anapplicationforthegrantofacompulsorylicenceunder sec tion 14 shall be made in form 30. The application shall be accompanied by a copy thereof and a statement in duplicate setting out fully the nature of the applicant’s interest and the facts upon which he bases his case. Copies of the application and of the statement of case shall be transmitted by the Commissioner to the registered proprietor.

62 Opposition If the registered proprietor desires to oppose the application, he shall, within such time as the Commissioner may allow, lodge a statement fully setting out the grounds on which the application is to be opposed and shall deliver to the applicant a copy thereof.

63 Evidence in support of application The applicant shall, within such time as the Commissioner mayallow,lodgeevidenceinsupportofhiscaseandshalldeliver to the registered proprietor a copy thereof.

64 Evidence in answer Within such time as the Commissioner may allow, the proprietor may lodge evidence in answer and shall deliver to the applicantacopythereof;andwithinsuchtimeastheCommissioner may allow, the applicant may lodge evidence confined tomatters strictly in replyand shall delivertothe proprietor a copy thereof.

65 Evidence closed No further evidence shall be lodged by either party except by leave or on direction of the Commissioner.

66 Hearing

(1)
Oncompletionoftheevidence,oratsuchothertimeashemay see fit, the Commissioner shall appoint a time for the hearing of the case, and shall give the parties at least ten daysnotice of the appointment.
(2)
If either party desires to be heard, he shall give notice to the Commissioner in form 31, and the Commissioner may refuse to hear either party who has not lodged the form prior to the date of the hearing.

67 Costs Intheeventofanapplicationforthegrantofacompulsorylicencebeinguncontestedbytheproprietor,theCommissioner, indeciding whethercosts should be awarded to theapplicant, shallconsiderwhetherproceedingsmighthavebeenavoidedif reasonablenoticehadbeengivenbytheapplicanttotheregistered proprietor before the application was filed.

Part 14 Cancellation of registration 68 Application

An application for the cancellation of the registration of a de sign under section 15(2) shall be made in form 32, and shall beaccompaniedbyacopythereofandastatementinduplicate setting out fully the nature of the applicant’s interest and the facts on which he relies.

69 Procedure A copy of the application shall be sent by the Commissioner to the registered proprietor, and thereupon the provisions of regulations 62 to 66 shall apply.

70 Costs Intheeventofanapplicationforthecancellationoftheregistration of a design being uncontested by the proprietor, the Commissioner, in deciding whether costs should be awarded to the applicant, shall consider whether proceedings might have been avoided if reasonable notice had been given by the applicant to the registered proprietor before the application was filed.

Part 15 Evidence before the Commissioner 71 Form of evidence

Whereundertheseregulationsevidenceisrequiredtobefiled, it shall be by statutory declaration or affidavit, unless otherwise expressly provided in these regulations.

72 Preparation of declarations, etc.

(1)
The statutory declarations and affidavits required by these regulations, or used in any proceedings thereunder, shall be headedin the matterormatterstowhich theyrelate, andshall bedividedintoparagraphs consecutivelynumbered,andeach paragraphshall,sofaraspossible,beconfinedtoonesubject.
(2)
Everystatutorydeclarationoraffidavitshallstatethedescription and true place of abode of the person making the same, and shall be written, typed, lithographed, or printed.

73 Making of declaration, etc.

(1)
For the purposes of these regulations, statutory declarations and affidavits shall be made and subscribed as follows:
(a)
ifmadeinNewZealandinthemannerprescribedbythe Justices of the Peace Act 1927 or by the Evidence Act 1908 , as the case may be;
(b)
if made in any other part of the Commonwealth or in theRepublicofIreland,beforeanyCourt,Judge,Commissioner of Oaths, Justice of the Peace, or any person authorized by law to administer an oath there for the purpose of a legal proceeding, or before any Commonwealth representative; and
(c)
ifmadeelsewhere,beforeaCommonwealthrepresentativeoraNotaryPublic,orbeforeaJudgeorMagistrate.
(2)
For the purposes of this regulation the expression Commonwealth representative means any Ambassador, High Commissioner,Minister,Charged’Affaires,ConsularOfficer, TradeCommissioner,orTouristCommissionerofaCommonwealth country (including New Zealand); and includes any person lawfully acting for any such officer; and also includes anydiplomaticsecretaryonthestaffofanysuchAmbassador, High Commissioner, Minister, or Charge d’Affaires.

74 Recognition of signatures on documents Any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal or signature of any person authorized by regulation 73 to take a declaration or affidavit, in testimony that the declaration or affidavit was made and subscribedbeforehim,maybeadmittedbytheCommissioner withoutproofofthe genuinenessofthesealorsignatureorof the official character of the person or his authority to take the declaration or affidavit.

75 Further evidence At any stage of any proceedings before the Commissioner he may direct that such documents, information, or evidence as hemayrequireshallbefurnishedwithinsuchperiodashemay fix.

Part 16 Applications to and orders of Court 76 Service of copy of application on Commissioner

WhereanapplicationtotheCourtunder section28 forrectificationoftheregisterhasbeenmade,the applicantshallforthwith serve an office copy of the application on the Commissioner,whoshallenteranotice oftheapplication intheregister.

77 Action consequent upon Court order WhereanorderhasbeenmadebytheCourtinanycaseunder the Act, the person in whose favour the order has been made shall forthwith lodge an application in form 33 accompanied by a sealed duplicate of the order or a certified copy of the order,andthereupontheregistershall,ifnecessary,berectified bythemakingofanyentrythereinorthevariationordeletion of any entry therein.

Part 17 Miscellaneous provisions 78 Designs excluded from the application of the Copyright Act 1913

For the purposes of section 30 of the Copyright Act 1913, a design shall be deemed to be used as a model or pattern to be multipliedbyanyindustrialprocesswithinthemeaningofthat section

(a)
when the design is reproduced or is intended to be reproduced on more than fifty single articles, unless all the articles in which the design is reproduced or is intendedtobereproducedtogetherformonlyasingleset of articles as defined in section 2(1); or
(b)
when the design is to be applied to
(i)
printed paper hangings:
(ii)
carpets, floor cloths