Public Act 1953 No 65 Date of assent 26 November 1953
Page Title 3 1 Short Title and commencement 3 2 Interpretation 3 3 Commissioner of Designs 6 4 Assistant Commissioners of Designs and other officers 6
Registrable designs and proceedings for registration 5 Designs registrable under Act 7 6 Proprietorship of designs 7 7 Proceedings for registration 8 8 Registrationofsamedesigninrespectofotherarticles,etc 8 9 Provisions for ensuring secrecy in respect of designs 9
relevant for defence purposes 10 Provisions as to confidential disclosure, etc 11
11 Right given by registration 12
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.
Reprinted as atDesigns Act 1953 20 April 2010
12 Period of copyright 13 13 Exemption of innocent infringer from liability for 13 damages, etc 14 Compulsory licence in respect of registered design 14 15 Cancellation of registration 14
16 Use of registered designs for services of the Crown 15 17 Rights of third parties in respect of Crown use 16 18 Reference of disputes as to Crown use 18 19 Special provisions as to Crown use during emergency 19
20 Orders in Council as to convention countries 21 21 Registration of design where application for protection in 21 convention country has been made 22 Extension of time for applications under section 21 in 23 certain cases 23 Protection of designs communicated under arrangements 24 with other countries 24 Regulations under section 22 or section 23 25
25 Register of designs 26 26 Certificate of registration 26 27 Registration of assignments, etc 27 27A Application of Personal Property Securities Act 1999 28 28 Rectification of register by the Court 28 29 Power of Commissioner to correct errors 28 30 Inspection of registered designs 29 31 Information as to existence of copyright 30 32 Evidence of entries, documents, etc 31
33 Certificate of contested validity of registration 31 34 Remedy for groundless threats of infringement 32 proceedings 35 Appeal to High Court 32
36 Exercise of discretionary powers of Commissioner 33 37 Commissioner may grant extension of time 33 37A Additional provisions for extending time limits 33 38 Costs and security for costs 35 39 Evidence before Commissioner 35
2
An Act to consolidate and amend certain enactments relating to designs
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
(1) In this Act, unless the context otherwise requires,—
Article means any article of manufacture; and includes any part of an article if that part is made and sold separately
Reprinted as ats2 Designs Act 1953 20 April 2010
Assignee includes the personal representative of a deceased assignee;andreferencestotheassigneeofanypersoninclude referencestotheassigneeofthepersonalrepresentativeorassignee of that person
Commissioner means the Commissioner of Designs Commonwealth means the British Commonwealth of Nations; and includes every territory for whose international
relations the Government of any country of the Commonwealth is responsible Convention country, in any provision of this Act, means an
entityforthetimebeingdeclaredbyanorderundersection 20 to be a convention country for the purposes of that provision Convention country: this definition was substituted, as from 14 October 1999,
by section 2(2) Designs Amendment Act 1999 (1999 No 120).
Copyright hasthemeaningassignedtoitbysubsection (1) of
section 11 of this Act Court means the High Court Court: the words “High Court” were substituted for the words “Supreme
Court” , as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Design means features of shape, configuration, pattern, or ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged solely by the eye; but does not include a method or principle of construction or features of shape or configuration which are dictated solely by the function which the article to be made in that shape or configuration has to perform
Government Department means any Department or instru
ment of the Executive Government of New Zealand JournalmeansthePatentOfficeJournalpublishedundersub section (1) of section 112 of the Patents Act 1953
Prescribed means prescribed by regulations made under this
Act Proprietor hasthemeaningassignedtoitbysection 6 ofthis Act
Reprinted as at20 April 2010 Designs Act 1953 s2
Registered proprietor means the person or persons for the time being entered in the register of designs as proprietor of the design
Setofarticles meansanumberofarticlesofthesamegeneral character ordinarily on sale or intended to be used together, to each of which the same design, or the same design with modifications orvariationsnot sufficient toalterthecharacter or substantially to affect the identity thereof, is applied.
(a) A reference in this Act to—
try,— mustbereadasareferencetoapplicationforprotection under the rules of the entity:
Compare: Registered Designs Act 1949, s 44 (UK); 1921-22 No 18 s 2
Subsection (5)was inserted,as from14October1999, by section 2(3) Designs Amendment Act 1999 (1999 No 120).
s 3 | Designs Act 1953 | Reprinted as at20 April 2010 | ||
---|---|---|---|---|
3 | Commissioner of Designs | |||
(1) | There may from time to time be appointed under the State | |||
Sector Act 1988 some fit person to be the Commissioner of | ||||
Designs. | ||||
(2) | The person who at the commencement of this Act holds the | |||
office of Commissioner of Patents, Designs, and Trade Marks | ||||
under the Patents, Designs, and Trade Marks Act 1921-22 | ||||
shall be deemed to have been appointed as Commissioner of | ||||
Designs under this Act. | ||||
Compare: 1921-22 No 18 s 113 | ||||
Section3wasamended,asfrom1January1963,bysection77(1)StateServices Act 1962 (1962 No 132) by substituting the expression “State Services Act 1962”for the expression “Public Service Act 1912”. | ||||
The expression “State Sector Act 1988” was substituted for the expression “State Services Act 1962”, as from 1 April 1988, pursuant to section 88(2) State Sector Act 1988 (1988 No 20). | ||||
4 | Assistant Commissioners of Designs and other officers | |||
(1) | There may from time to time be appointed under the State | |||
Sector Act 1988— | ||||
(a) | One or more fit persons to be Assistant Commissioners | |||
of Designs: | ||||
(b) | Such other officers and employees as may be necessary | |||
for carrying out the purposes of this Act. | ||||
(2) | EveryAssistantCommissionerofDesignssoappointed,while | |||
he remains in office, shall have and may exercise, subject to | ||||
the control and direction of the Commissioner, all the powers, | ||||
duties, and functions of the Commissioner, and every refer | ||||
ence in this or any other Act to the Commissioner shall, so | ||||
far as may be necessary for the purpose of giving effect to the | ||||
provisions of this section, be deemed to include a reference to | ||||
every Assistant Commissioner of Designs. | ||||
(3) | The person who at the commencement of this Act holds the | |||
office of Deputy Commissioner of Patents, Designs, and | ||||
TradeMarksunderthePatents,Designs,andTradeMarksAct | ||||
1921-22 shall be deemed to have been appointed an Assistant | ||||
Commissioner of Designs under this Act. | ||||
Compare: 1921-22 No 18 ss 114, 115 |
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Section4wasamended,asfrom1January1963,bysection77(1)StateServices Act 1962 (1962 No 132) by substituting the expression “State Services Act 1962”for the expression “Public Service Act 1912”.
The expression “State Sector Act 1988” was substituted for the expression “State Services Act 1962” , as from 1 April 1988, pursuant to section 88(2) State Sector Act 1988 (1988 No 20).
7 Reprinted as atPart 5 s 7 Designs Act 1953 20 April 2010
person,or,asthe casemaybe,theoriginalproprietorandthat other person, shall be treated for the purposes of this Act as the proprietor of the design or as the proprietor of the design in relation to that article. Compare: Registered Designs Act 1949, s 2 (UK); 1921-22 No 18 s 52(1)
(1) Where the registered proprietor of a design registered in respect of any article makes an application—
(a) Forregistration,inrespectofoneormoreotherarticles, of the registered design; or
Reprinted as at20 April 2010 Designs Act 1953 Part 5 s 9
(b) For registration, in respect of the same or one or more other articles, of a design consisting of the registered designwithmodificationsorvariationsnotsufficientto alter the character or substantially to affect the identity thereof,—
the application shall not be refused and the registration made on that application shall not be invalidated by reason only of the previous registration or publication of the registered design: Providedthattheperiodofcopyrightinadesignregisteredby virtue of this section shall not extend beyond the expiration of the original and any extended period of copyright in the original registered design.
(2) Whereanypersonmakesanapplicationfortheregistrationof a design in respect of any article and either—
then,if atany time while the application is pending the applicantbecomestheregisteredproprietorofthedesignpreviously registered,theforegoingprovisionsofthissectionshallapply as if at the time of making the application the applicant had been the registered proprietor of that design. Compare: Registered Designs Act 1949, s 4 (UK); 1921-22 No 18 s 53; 1939
No 26 s 69
9 Provisions for ensuring secrecy in respect of designs relevant for defence purposes
(1) Where, either before or after the commencement of this Act, an application for the registration of a design has been made, and it appears to the Commissioner that the design is one of a class notified to him by the Minister of Defence as relevant fordefencepurposes,orisintheopinionoftheCommissioner likelytobevaluablefordefencepurposes, hemaygivedirections for prohibiting or restricting the publication of informa
9 Reprinted as atPart 5 s 9 Designs Act 1953 20 April 2010
tion with respect to the design, or the communication of such information to any person or class of persons specified in the directions.
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(4) NopersonresidentinNewZealandshall,exceptundertheauthorityofawrittenpermitgrantedbyoronbehalfoftheCommissioner, make or cause to be made any application outside New Zealand for the registration of a design of any class prescribed for the purposes of this subsection unless—
(1) of this section in relation to the application in New
Zealand or all such directions have been revoked: Provided that this subsection shall not apply in relation to a design for which an application for protection has first been filed in a country outside New Zealand by a person resident outside New Zealand.
Compare: Registered Designs Act 1949, s 5 (UK)
(a) That a representation of the design, or any article to which the design hasbeenapplied, hasbeendisplayed, with the consent of the proprietor of the design, at an international or industrial exhibition declared as such
11 Reprinted as atPart 11 s 11 Designs Act 1953 20 April 2010
by the Commissioner by notice in the Journal, whether the exhibition is held in New Zealandor elsewhere; or
iftheapplicationforregistrationofthedesignismadenotlater than 6 months after the date ofthe opening of the exhibition.
(3) An application for the registration of a design shall not be re-fused,andtheregistrationofadesignshallnotbeinvalidated, byreasononlyofthecommunicationofthedesignbytheproprietor thereof to a Government Department or to any person authorised by a Government Department to consider the merits of the design, or of anything done in consequence of such a communication. Compare: Registered Designs Act 1949, s 6 (UK);1921-22 No18 ss 58, 63 Subsection (2)(a) was amended, as from 12 November 1980, by section 5(2) ShopTradingHoursAmendmentAct1980(1980No36)byomittingthewords“or at an exhibition authorised by the Governor-General by Order in Council under the Exhibitions Act 1910”.
Subsection (2)(a) was amended, as from 2 September 1996, by section 2 Designs Amendment Act 1996 (1996 No 118) by substituting the words “CommissionerbynoticeintheJournal”forthewords“Governor-Generalbynotice in the Gazette”.
Effect of registration, etc 11 Right given by registration
(1) The registration of a design under this Act shall give to the registeredproprietorthecopyrightinthedesign,thatistosay, theexclusiverightinNewZealandtomakeorimportforsale or for use for the purposes of any trade or business, or to sell, hire, or offer for sale or hire, any article in respect of which the design is registered, being an article to which the registered design or a design not substantially different from the registered design has been applied, and to make anything for enabling any such article to be made as aforesaid, whether in New Zealand or elsewhere.
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(2) Subject to the provisions of this Act and of subsection (3) of section7ofthe CrownProceedingsAct1950 ,theregistration of a design shall have the same effect against the Crown as it has against a subject. Compare: Registered Designs Act1949,s7 (UK);1921-22 No18ss 56(1), 66
Subsection (2)was substituted,asfrom20October1972,bysection2 Designs Amendment Act 1972 (1972 No 53).
(1) Inproceedingsfortheinfringementofcopyrightinaregistered design, damages or account of profits shall not be awarded againstadefendantwhoprovesthatatthedateoftheinfringementhewasnotawareandhadnoreasonablegroundforsupposing that the design was registered in New Zealand; and a personshallnotbedeemedtohavebeenawareortohavehad any reasonable ground for supposing as aforesaid by reason only of the marking of an article with the word registered or any abbreviation thereof, or any word or words expressing or implying that the design applied to the article has been registered,unlessthewordorwordsareaccompaniedbythewords
Reprinted as atPart 11 s 14 Designs Act 1953 20 April 2010
New Zealand or the letters NZ and by the number of the design.
(2) Nothing in this section shall affect the power of the Court to grant an injunction in any proceedings for infringement of copyright in a registered design. Compare: Registered Designs Act 1949, s 9 (UK); 1921-22 No 18 s 38
Reprinted as at20 April 2010 Designs Act 1953 Part 16 s 16
(3) An appeal to the Court shall lie from any order of the Com missioner under subsection (2) of this section. Compare: Registered Designs Act 1949, s 11 (UK); 1921-22 No 18 s 61
Use of registered designs for services of the Crown 16 Use of registered designs for services of the Crown
15 Reprinted as atPart 16 s 17 Designs Act 1953 20 April 2010
tered proprietor as soon as practicable after the use is begun, and furnish him with such information as to the extent of the use as he may from time to time require.
(1) In relation to any use of a registered design, or a design in respectofwhichanapplicationforregistrationispending,made for the services of the Crown—
to the order of a Government Department,— theprovisionsofanylicence,assignment,oragreementmade, whether before or after the commencement of this Act, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he de
Reprinted as at20 April 2010 Designs Act 1953 Part 16 s 17
rivestitleandanypersonotherthanaGovernmentDepartment shallbeofnoeffectsofarasthoseprovisionsrestrictorregulate the use of the design, or any model, document, or informationrelatingthereto,orprovideforthemakingofpayments in respect of any such use, or calculated by reference thereto; andthereproductionorpublicationofanymodelordocument inconnectionwiththesaiduseshallnotconstituteaninfringement of any copyright subsisting in the model or document.
Reprinted as atPart 16 s 18 Designs Act 1953 20 April 2010
ofthisActshallhaveeffectasifthatuseweremadeby virtue of an authority given under that subsection.
(4) Where, under subsection (3) of section 16 of this Act, pay ments are required to be made by a Government Department to a registered proprietor in respect of any use of a design, any person being the holder of an exclusive licence under the registered design (not being such a licence as is mentioned in subsection (2) of this section) authorising him to make that use of the design shall be entitled to recover from the registered proprietor such part (if any) of those payments as may beagreeduponbetweenthatpersonandtheregisteredproprietor, or as may in default of agreement be determined by the Court under section 18 of this Act to be just having regard to any expenditure incurred by that person—
andif,atanytimebeforetheamountofanysuchpaymenthas been agreed upon between the Government Department and theregisteredproprietor,thatpersongivesnoticeinwritingof hisinteresttotheDepartment,anyagreementastotheamount ofthatpaymentshallbeofnoeffectunlessitismadewithhis consent.
(5) In this paragraph exclusive licence means a licence from the registered proprietor which confers on the licensee, or on the licenseeandpersonsauthorisedbyhim,totheexclusionofall other persons (including the registered proprietor), any right in respect of the registered design. Compare: Registered Designs Act 1949, First Schedule, para 2 (UK)
(1) Any dispute as to the exercise by a Government Department or a person authorised by a Government Department of the powers conferred by section 16 of this Act, or as to terms for the use of a design for the services of the Crown thereunder, or as to the right of any person to receive any part of a paymentmadeinpursuanceofsubsection (3) ofthatsection,may
Reprinted as at20 April 2010 Designs Act 1953 Part 16 s 19
be referred to the Court by either party to the dispute in such manner as may be prescribed by rules of Court.
(1) During any period of emergency within the meaning of this sectionthepowersexercisableinrelationtoadesignbyaGovernmentDepartment,orapersonauthorisedbyaGovernment Department under section 16 of this Act, shall include power
19 Reprinted as atPart 16 s 19 Designs Act 1953 20 April 2010
tousethedesignforanypurposewhichappearstotheDepartment necessary or expedient—
andanyreferenceinsections 16to18 ofthisActtotheservices oftheCrownshallbeconstruedasincludingareferencetothe purposes aforesaid.
(2) Inthissectiontheexpressionperiodofemergencymeansany periodbeginningonsuchdateasmaybedeclaredbyOrderin CouncilpublishedintheGazette tobethecommencement,and
Reprinted as at20 April 2010 Designs Act 1953 Part 20 s 21
ending on such date as may be so declared to be the termination,ofaperiodofemergencyforthepurposeofthissection.
(3) All Orders in Council made under this section shall be laid before Parliament within 28 days after the date of the making thereof if Parliament is then in session, and, if not, shall be laid before Parliament within 28 days after the date of the commencement of the next ensuing session. Compare: Registered Designs Act 1949, First Schedule, para 4 (UK)
International arrangements 20 Orders in Council as to convention countries
Forthepurposeofgivingeffecttoanyinternationalagreement orarrangementtowhichNewZealandisapartyorthatapplies toNewZealand,theGovernor-GeneralmaybyOrderinCouncil declare that any entity specified in the order that is a party totheagreementorarrangementortowhichtheagreementor arrangementapplies(whetherastate,partofastate,aterritory for whose international relations a state is responsible, a political union,aninternational organisation,orany otherentity) is, for the purposes of all or any of the provisions of this Act, a convention country. Section 20 was substituted, as from 14 October 1999, by section 2(1) Designs
Amendment Act 1999 (1999 No 120). See section 2(4) of that Act as to this substitution not affecting any order made under the original section 20.
21 Reprinted as atPart 20 s 21 Designs Act 1953 20 April 2010
protection in the convention country, or where more than one such application for protection has been made, the date of the first such application: Provided that no proceedings shall be taken in respect of any infringement committed before the date on which the certificate of registration of the design under this Act is issued.
he shall be deemed for the purposes of this section to have applied in that convention country.
(5) For the purposes of this section, where more than one application for protection in a convention country has been made, the first application may be disregarded and the second application shall be substituted for the first application where—
Reprinted as at20 April 2010 Designs Act 1953 Part 20 s 22
(e) Thefirstapplicationhasnotservedasabasisforclaiming a right of priority in relation to another application in any country.
Compare: Registered Designs Act 1949, s 14 (UK); 1939 No 26 s 55
Subsection (5) was inserted, as from 2 September 1996, by section 3 Designs Amendment Act 1996 (1996 No 118).
Reprinted as atPart 20 s 23 Designs Act 1953 20 April 2010
(e) May provide for securing that the rights conferred by registration on an application made by virtue of this section shall be subject to such restrictions or conditions as may be specified by or under the regulations and in particular to restrictions and conditions for the protection of persons (including persons acting on behalf of Her Majesty) who, otherwise than as the result of a communication made in accordance with such an agreementorarrangementasismentionedinparagraph
(a) of this subsection, and before the date of the application in question or such later date as may be allowed bythe regulations,mayhave importedormade articles towhichthedesignisappliedormayhavemadeanapplication for registration of the design.
Compare: Registered Designs Act 1949, s 15 (UK); 1943 No 6 s 5
(1) Subject to the provisions of this section, regulations may be made under this Act for securing that, where a design has been communicated in accordance with an agreement or arrangement made between Her Majesty’s Government in New ZealandandtheGovernmentofanyothercountryforthesupply or mutual exchange of information or articles,—
Reprinted as at20 April 2010 Designs Act 1953 Part 20 s 24
24 Regulations under section 22 or section 23 Any regulations made under section 22 or section 23 of this Act,andanyordermade,directiongiven,orotheractiontaken under the regulations by the Commissioner, may be made, given, or taken so as to have effect as respects things done or omitted to be done on or after such date, whether before
Reprinted as atPart 25 s 25 Designs Act 1953 20 April 2010
or after the coming into operation of the regulations or of this Act, as may be specified in the regulations. Compare: Registered Designs Act 1949, s 37(2) (UK); 1943 No 6 s 7
119
Reprinted as at20 April 2010 Designs Act 1953 Part 25 s 27
Reprinted as atPart 25 s 27A Designs Act 1953 20 April 2010
(5) Except for the purposes of an application to rectify the register under the following provisions of this Act, a document in respectofwhich no entryhasbeen madein the registerofdesignsundersubsection (3) ofthissectionshallnotbeadmitted in any Court as evidence of the title of any person to a registereddesignorshareoforinterestinaregistereddesignunless the Court otherwise directs. Compare: Registered Designs Act 1949, s 19 (UK); 1921-22 No 18 s 122
27A Application of Personal Property Securities Act 1999
Nothing in sections 25 to 27e affects the operation of the
Personal Property Securities Act 1999
Section 27A was inserted, as from 1 May 2002, by section 191(1) Personal Property Securities Act 1999 (1999 No 126). See also Part 12 of that Act for transitional provisions.
(1) Where a mistake exists in the register of designs or in any documentissuedunderthisActbyreasonofanyerrororomission on the part of the Patent Office, the Commissioner may, in accordance with the provisions of this section, correct the
Reprinted as at20 April 2010 Designs Act 1953 Part 25 s 30
mistake, and for that purpose may require the production of the document.
No 32 s 7
(1) Subject to the following provisions of this section and to any regulationsmadeinpursuanceofsubsection (2) ofsection9of thisAct,therepresentationorspecimenofadesignregistered under this Act shall be open to inspection at the Patent Office on and after the day on which the certificate of registration is issued.
Reprinted as atPart 25 s 31 Designs Act 1953 20 April 2010
31 Information as to existence of copyright On the request of any person furnishing such information as may enable the Commissioner to identify the design, and on paymentoftheprescribedfee,theCommissionershallinform him whether the design is registered, and, if so, in respect of whatarticles,andwhetheranyextensionoftheperiodofcopy
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right has been granted, and shall state the date of registration and the name and address of the registered proprietor. Compare: Registered Designs Act 1949, s 23 (UK); 1921-22 No 18 s 60
Legal proceedings and appeals 33 Certificate of contested validity of registration
Reprinted as atPart 33 s 34 Designs Act 1953 20 April 2010
Reprinted as at20 April 2010 Designs Act 1953 Part 36 s 37A
The words “High Court”were substituted for the words “Supreme Court”, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).
Powers and duties of Commissioner | |
---|---|
36 | Exercise of discretionary powers of Commissioner Without prejudice to any provisions of this Act requiring the Commissioner to hear any party to proceedings thereunder, or to give to any such party an opportunity to be heard, the Commissioner shall give to any applicant for registration of a design an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Commissioner by or under this Act. |
Compare: Registered Designs Act 1949, s 29 (UK); 1921-22 No 18 s 124 | |
37 (1) | Commissioner may grant extension of time Where by this Act anything is required to be done within a prescribed time, and by reason of delay in the Patent Office the thing is not so done, the Commissioner may extend the time for the doing of the thing. |
(2) | No fees shall be payable in respect of any extension of time granted under this section. |
(3) | The powers conferred on the Commissioner by this section may be exercised notwithstanding that in any case the time limited may have expired. Compare: 1921-22 No 18 s 125 |
37A Additional provisions for extending time limits
(a) Theapplicantorhisagenthasnotallowedareasonable margin of time for the delivery to the Patent Office, by postorotherwise,ofanydocumentsrelatingtothemat
Reprinted as atPart 36 s 37A Designs Act 1953 20 April 2010
terinrespectofwhichtheapplicationfortheextension of time is made; or
Reprinted as at20 April 2010 Designs Act 1953 Part 36 s 39
Section 37A was inserted, as from 20 October 1972, by section 3 Designs Amendment Act 1972 (1972 No 53).
(1) Subject to regulations made under this Act, the evidence to be given in any proceedings before the Commissioner under thisActmaybegivenbyaffidavitorstatutorydeclaration;but the Commissioner may if he thinks fit in any particular case take oral evidence instead of or in addition to such evidence asaforesaid,andmayallowanywitnesstobecross-examined on his affidavit or declaration. Any such statutory declaration may, in the event of an appeal under this Act, be used before the Court instead of evidence by affidavit, and where so used shall have all the incidents and consequences of evidence by affidavit.
Reprinted as atPart 36 s 40 Designs Act 1953 20 April 2010
(4) Sectio n 111 of the Crimes Act 1961 shall apply to every affi davit and statutory declaration made for the purposes of this Act. Compare: Registered Designs Act 1949, s 31 (UK); 1921-22 No 18 s 129 Subsection(3)wasamended,asfrom1January1962,bysection 412(2) Crimes Act 1961 (1961 No 43), by substituting the expression “108 and 109 of the CrimesAct1961”fortheexpression “onehundredandthirtyandonehundred and thirty one of the Crimes Act 1908”.
Subsection(4)wasamended,asfrom1January1962,bysection 412(2) Crimes Act 1961 (1961 No 43), by substituting the expression “111 of the Crimes Act 1961”for the expression “one hundred and thirty three of the Crimes Act 1908”.
40 Recognition of agents Where by this Act any act has to be done by or to any person in connection with a registered design or proposed registered designoranyproceedingsrelatingthereto,theactmay,unless otherwiseprescribed, bedonebyorto anagentofthat person duly authorised in the prescribed manner. Compare: 1921-22 No 18 s 136
(1) For the purposes of this section, unless the context otherwise
requires,— Deceasedproprietormeansaregisteredproprietorofanydesignwhohasdied,whetherbeforeorafterthecommencement ofthisAct;andincludesanyapplicantfortheregistrationofa design who has died before it is registered, whether before or after the commencement of this Act
Reprinted as at20 April 2010 Designs Act 1953 Part 36 s 41
Qualified person, in relation to any deceased proprietor, means a person who satisfies the Commissioner—
Qualifiedperson: thewords“estateduty”weresubstitutedforthewords“death duty”, as from 21 July 1955, pursuant to section 89(7) Estate and Gift Duties Act1955(1955No105);butthesubstitutedwordsapplyonlyinrelationtothe estates of persons dying after the commencement of that Act.
Qualified person: paragraph(c) of this definition wasomitted,as from 24May 1999, by section 17 Estate Duty Repeal Act 1999 (1999 No 64).
Reprinted as atPart 42 s 42 Designs Act 1953 20 April 2010
(4) Nothing in sections 70 or 73 of the Administration Act 1969 shall be deemed to restrict the operation of this section. Compare: 1947 No 37 s 5 Subsection(4)wasamended,asfrom1January1971,bysection 84(1) AdministrationAct1969(1969No52)bysubstitutingtheexpression “70or73ofthe AdministrationAct1969”fortheexpression “49and52oftheAdministration Act 1952”.
Offences 42 Offences in respect of designs required to be kept secret
Subsection(3)wasrepealedbysection 214(1) SummaryProceedingsAct1957.
(1) Every person who makes or causes to be made a false entry inthe register ofdesigns, or a writing falsely purporting to be a copy of an entry in that register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, commits an of
Reprinted as at20 April 2010 Designs Act 1953 Part 45 s 45
fence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years.
(2) Compare: Registered Designs Act 1949, s 34 (UK);1921-22 No18 s 143(1)
Subsection(2)wasrepealedbysection 214(1) SummaryProceedingsAct1957.
(4)
39 Reprinted as atPart 45 s 45A Designs Act 1953 20 April 2010
taken on that day,the act or proceeding shall be deemedtobe in time if done or taken on the next day on which the Patent Office is open. Compare: Registered Designs Act 1949, s 39 (UK); 1921-22 No 18 s 133
Subsection (1) was substituted, as from 10 December 1976, by section 2(1) Designs Amendment Act 1976 (1976 No 86).
Subsection (2) was amended, as from 10 December 1976, by section 2(2) DesignsAmendmentAct1976(1976No86)byomittingthewords“asaforesaid” in 2 places.
Amendment Act 1976 (1976 No 86).
(1) of this section, it is hereby declared that regulations may
Reprinted as at20 April 2010 Designs Act 1953 Part 45 s 46
bemade underthissectionforalloranyofthefollowingpurposes:
(ca) for prescribing the manner in which applications may be made under section 12(2):
(cb) for regulating the procedure to be followed in connection witha request to the Commissionerunder sections 41A to 41F (including providing for when and how requestsmustbemade,theperiodforgivingnoticeofopposition, penalties payable under section 41F, and the matters referred to in section 41F(2)(b)):
Reprinted as atPart 45 s 47 Designs Act 1953 20 April 2010
(i) For prescribing anything authorised or required by this Act to be prescribed by regulations.
(3) [Repealed] Compare: Registered Designs Act 1949, s 36 (UK); 1921-22 No 18 s 138 Section 46(2)(ca): inserted, on 20 April 2010, by section 7 of the Designs Amendment Act 2010 (2010 No 15).
Section 46(2)(cb): inserted, on 20 April 2010, by section 7 of the Designs Amendment Act 2010 (2010 No 15).
Section 46(2)(cc): inserted, on 20 April 2010, by section 7 of the Designs Amendment Act 2010 (2010 No 15).
Subsection (3) was repealed, as from 19 December 1989, by section 11 Regu lations (Disallowance) Act 1989 (1989 No 143).
(1) Thereshallbepaidinrespectoftheregistrationofdesignsand applications therefor, and in respect of other matters relating to designs arising under this Act, such fees as may from time totime beprescribedbyregulationsmade under thisAct,and allsuchfeesshallbepaidintoaDepartmentalBankAccount.
(2) Any sum paid to the Commissioner by mistake, or any sum the payment of which is not required by the regulations made underthisAct,mayberefundedbytheCommissioner,andall money so refunded shall be paid out ofpublic money without further appropriation than this Act. Compare: Registered Designs Act 1949, s 40 (UK); 1921-22 No 18 s 117 Insubsection(1)thewords“ConsolidatedRevenueAccount”weresubstituted for the words “Consolidated Fund”as from 1 April 1964, pursuant to section 4(4) Public Revenues Amendment Act 1963 (1963 No 46). These words were inturnsubstitutedbythewords“ConsolidatedAccount”,asfrom1April1978, pursuant to section 114(6) Public Finance Act 1977 (1977 No 65), and by the words “a Departmental Bank Account” by section 86(1) Public Finance Act 1989 (1989 No 44).
Insubsection(2)thewords“ConsolidatedRevenueAccount”weresubstituted for the words “Consolidated Fund”as from 1 April 1964, pursuant to section 4(4) Public Revenues Amendment Act 1963 (1963 No 46). These words were inturnsubstitutedbythewords“ConsolidatedAccount”,asfrom1April1978, pursuant to section 114(6) Public Finance Act 1977 (1977 No 65), and by the words“publicmoney”bysection 86(1) PublicFinanceAct1989(1989No44).
(1) Anynoticerequiredorauthorisedtobegivenbyorunderthis Act, and any application or other document so authorised or
Reprinted as at20 April 2010 Designs Act 1953 Part 45 s 52
required to be made or filed, may be given, made, or filed by sendingitbypostinaletteraddressedtothepersonconcerned at his usual or last known address.
(2) Where any notice is sent by the Commissioner to any person by post as aforesaid, the notice shall be deemed to have been givenatthetimewhenthelettercontainingitwouldhavebeen delivered in the ordinary course of post. Compare: Registered Designs Act 1949, s 41 (UK); 1921-22 No 18 s 132
The Commissioner of Patents shall, in his annual report with respect to the operation of the Patents Act 1953, include a re port with respect to the operation of this Act as if it formed part of or was included in that Act. Compare: Registered Designs Act 1949, s 42 (UK); 1921-22 No 18 s 128
This Act shall be in force in Tokelau.
Theword “Tokelau”wassubstitutedforthewords “TokelauIslands”,asfrom 9December1976,pursuanttosection 3(8) TokelauAmendmentAct1976(1976 No 122).
NothinginthisActshallbeconstruedasauthorisingorrequiring the Commissioner to register a design the use of which would, in his opinion, be contrary to law or morality. Compare: Registered Designs Act 1949, s 43(1) (UK); 1939 No 26 s 71
43 Reprinted as atSchedule Designs Act 1953 20 April 2010
thecorrespondingprovisionofthisActandasifthatprovision had been in force when the document was made or the thing was done.
Reprinted as at20 April 2010 Designs Act 1953 Notes
1 General
2 About this eprint
3 List of amendments incorporated in this eprint (most recent first)
Notes
This is an eprint of the Designs Act 1953. The eprint incorporates all the amendments to the Act as at 20 April 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.
Relevantprovisionsofany amending enactments thatcontain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.
This eprint has not been officialised. For more information about eprints and officialisation, please see http://www.pco.parliament.govt.nz/eprints/ .