business law

Law for New Zealand Business

LAWS541

Legislation extracts

Copyright Act 1994

Patents Act 2013

Trade Marks Act 2002

Copyright Act 1994

Part 1

Description, ownership, and duration of copyright

Description of copyright

14 Copyright in original works

(1) Copyright is a property right that exists, in accordance with this Act, in original works of the following descriptions:

(a) literary, dramatic, musical, or artistic works:

(b) sound recordings:

(c) films:

(d) communication works:

(e) typographical arrangements of published editions.

(2) A work is not original if—

(a) it is, or to the extent that it is, a copy of another work; or

(b) it infringes the copyright in, or to the extent that it infringes the copyright in, another work.

(3) [Repealed]

15 Recording necessary for some works

(1) Copyright does not exist in a literary or dramatic or musical work unless and until the work is recorded, in writing or otherwise.

16 Acts restricted by copyright

(1) The owner of the copyright in a work has the exclusive right to do, in accordance with sections 30 to 34, the following acts in New Zealand:

(a) to copy the work:

(b) to issue copies of the work to the public, whether by sale or otherwise:

(c) to perform the work in public:

(d) to play the work in public:

(e) to show the work in public:

(f) to communicate the work to the public:

(g) to make an adaptation of the work:

(h) to do any of the acts referred to in any of paragraphs (a) to (f) in relation

to an adaptation of the work:

(i) to authorise another person to do any of the acts referred to in any of paragraphs (a) to (h).

Duration of copyright

22 Duration of copyright in literary, dramatic, musical, or artistic works

(1) Subject to the following provisions of this section, copyright in a literary, dramatic, musical, or artistic work expires at the end of the period of 50 years from the end of the calendar year in which the author dies.

(2) If the work is computer-generated, copyright expires at the end of the period of 50 years from the end of the calendar year in which the work is made.

Part 2

Infringement of copyright

Primary infringement of copyright

29 Infringement of copyright

(1) Copyright in a work is infringed by a person who, other than pursuant to a copyright licence, does any restricted act.

(2) References in this Act to the doing of a restricted act are to the doing of that

act—

(a) in relation to the work as a whole or any substantial part of it; and

(b) either directly or indirectly;—

and it is immaterial whether any intervening acts themselves infringe

copyright.

(3) This Part is subject to Parts 3 and 8.

Part 3

Acts permitted in relation to copyright works

80A Decompilation of computer program

(1) The lawful user of a copy of a computer program expressed in a low level language does not infringe copyright in the program by decompiling it, if the conditions in subsection (2) are met.

(2) The conditions referred to in subsection (1) are that—

(a) decompilation is necessary to obtain information necessary for the objective of creating an independent program that can be operated with the program decompiled or with another program; and

(b) the information obtained from the decompilation is not used for any purpose other than the objective referred to in paragraph (a).

[… (4) In this section, decompile means—

(a) to convert a computer program expressed in a low level language into a version expressed in a higher level language; or

(b) to copy the program as a necessary incident of converting it into that version.

81A Copying sound recording for personal use

(1) Copyright in a sound recording and in a literary or musical work contained in it is not infringed by copying the sound recording, if the following conditions are met:

(a) the sound recording is not a communication work or part of a communication work; and

(b) the copy is made from a sound recording that is not an infringing copy; and

(c) the sound recording is not borrowed or hired; and

(d) the copy is made by the owner of the sound recording; and

(e) that owner acquired the sound recording legitimately; and

(f) the copy is used only for that owner’s personal use or the personal use of a member of the household in which the owner lives or both; and

(g) no more than 1 copy is made for each device for playing sound recordings that is owned by the owner of the sound recording; and

(h) the owner of the sound recording retains the ownership of both the sound recording and of any copy that is made under this section.

(2) For the avoidance of doubt, subsection (1) does not apply if the owner of the sound recording is bound by a contract that specifies the circumstances in which the sound recording may be copied.

84 Recording for purposes of time shifting

(1) A person (A) does not infringe copyright in a programme included in a communication work, or in any work included in it, by recording it, if—

(a) A makes the recording solely for A’s personal use or the personal use of a member of the household in which A lives or both; and

(b) A makes the recording solely for the purpose of viewing or listening to the recording at a more convenient time; and

(c) the recording is not made from an on-demand service; and

(d) A has lawful access to the communication work at the time of making the recording.

(2) However, subsection (1) does not apply, and A does infringe copyright in the communication work recorded and in any work included in the communication work, if—

(a) A retains the recording for any longer than is reasonably necessary for viewing or listening to the recording at a more convenient time; or

(b) in the event that the person who views or listens to the recording wishes to make a complaint to a complaint authority, A retains the recording for any longer than is reasonably necessary to prepare and despatch the complaint.

[…]

Patents Act 2013

6 Meaning of novel

An invention, so far as claimed in a claim, is novel if it does not form part of the prior art base.

7 Meaning of inventive step

An invention, so far as claimed in a claim, involves an inventive step if it is not obvious to a person skilled in the art, having regard to any matter which forms part of the prior art base.

8 Meaning of prior art base

(1) For the purpose of deciding whether or not an invention is novel and for the purpose of deciding whether or not an invention involves an inventive step, the prior art base, in relation to an invention so far as claimed in a claim, means all matter (whether a product, a process, information about a product or process, or anything else) that has at any time before the priority date of that claim been made available to the public (whether in New Zealand or elsewhere) by written or oral description, by use, or in any other way.

10 Meaning of useful

An invention, so far as claimed in a claim, is useful if the invention has a specific, credible, and substantial utility.

14 Patentable inventions

An invention is a patentable invention if the invention, so far as claimed in a claim,—

(a) is a manner of manufacture within the meaning of section 6 of the Statute of Monopolies; and

(b) when compared with the prior art base—

(i) is novel; and

(ii) involves an inventive step; and

(c) is useful; and

(d) is not excluded from being a patentable invention under section 15 or 16.

20 Term of patent

(1) The term of every patent is 20 years from the patent date.

(2) However, a patent ceases to have effect on the expiry of the period prescribed for the payment of any renewal fee if that fee is not paid within that period or within that period as extended under section 21.

(3) Subsection (2) applies despite anything in the patent or any other provision in this Act.

31 Right to apply for patent

Any person may apply for a patent either alone or jointly with another person.

32 Application requirements

Every patent application must be made in accordance with this Act and the manner prescribed by the regulations.

225 Appointment and membership of Māori advisory committee

(1) The Commissioner must appoint a committee called the Māori advisory committee.

(2) The Commissioner may, at any time,—

(a) appoint a person to the committee:

(b) remove a member from the committee and, if the Commissioner thinks fit, appoint another member in that member’s place.

(3) A person must not be appointed as a member of the committee unless, in the opinion of the Commissioner, the person is qualified for appointment, having regard to that person’s knowledge of mātauranga Māori (Māori traditional knowledge) and tikanga Māori (Māori protocol and culture).

(4) A member of the committee may resign office by notice in writing to the Commissioner.

226 Functions of Māori advisory committee

The function of the Māori advisory committee is to advise the Commissioner (on request) on whether—

(a) an invention claimed in a patent application is derived from Māori traditional knowledge or from indigenous plants or animals; and

(b) if so, whether the commercial exploitation of that invention is likely to be contrary to Māori values.

227 Effect of advice from Māori advisory committee

The Commissioner must consider, but is not bound by, the advice given by the Māori advisory committee.

228 Māori advisory committee may regulate own procedure

The Māori advisory committee may regulate its own procedure, subject to any direction given by the Commissioner.

Trade Marks Act 2002

5 Interpretation

(1) sign includes—

(a) a brand, colour, device, heading, label, letter, name, numeral, shape, signature, smell, sound, taste, ticket, or word; and

(b) any combination of signs

trade mark—

(a) means any sign capable of—

(i) being represented graphically; and

(ii) distinguishing the goods or services of one person from those of another person; and

9 Nature of registered trade mark

(1) A registered trade mark is personal property.

18 Non-distinctive trade mark not registrable

(1) The Commissioner must not register—

(a) a sign that is not a trade mark:

(b) a trade mark that has no distinctive character:

(c) a trade mark that consists only of signs or indications that may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, time of production of goods or of rendering of services, or other characteristics of goods or services:

(d) a trade mark that consists only of signs or indications that have become customary in the current language or in the bona fide and established practices of trade.

32 Application: how made

(1) A person claiming to be the owner of a trade mark or series of trade marks may, on payment of the prescribed fee (if any), apply in the prescribed manner (if any) for the registration of the trade mark or series of trade marks used or proposed to be used in respect of the following:

(a) particular goods or services within 1 or more classes:

(b) particular goods and services within 1 or more classes.

(2) The Commissioner must not register a trade mark in respect of all of the goods and services included in a class, or a large variety of goods or services, unless the specification is justified by the use or intended use of the sign.

57 Duration of registration

(1) The duration of the registration of a trade mark under this Act is effective for a period of 10 years commencing on the deemed date of registration unless the trade mark ceases to be registered before the expiration of that period.

58 Renewal of registration

The registration of a trade mark may be renewed in accordance with section 59 for further periods of 10 years.