New Zealand Acts

LAYOUT DESIGNS ACT 1994

- As at 28 October 2021
- Act 116 of 1994

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement

   PART 1 - Interpretation and application

   2.      Interpretation
   3.      Meaning of commercially exploited
   4.      Meaning of exclusive right
   5.      Meaning of making in relation to an eligible layout design
   6.      Meaning of original
   7.      Licence of owner of layout design rights
   8.      Eligible layout design includes substantial part of the design
   9.      Reference to joint makers
   10.     Application to layout designs made before commencement of this Act
   11.     Act to bind the Crown

   PART 2 - Ownership and nature of layout design rights

   12.     Ownership of layout design rights
   13.     Nature of layout design rights
   14.     Infringement of layout design rights

   PART 3 - Exceptions

   15.     Innocent commercial exploitation
   16.     Copying for private use
   17.     Copying for research or teaching purposes
   18.     Evaluation or analysis
   19.     Commercial exploitation of eligible layout design previously exploited under licence
   20.     Use for defence, security, and other purposes
   21.     Nature and scope of rights under section 20
   22.     Duty to inform owner
   23.     Owner of layout design rights entitled to remuneration
   24.     Appeal to High Court

   PART 4 - Remedies for infringement

   25.     Actions for damages
   26.     Injunctions
   27.     Application of sections 28 to 34 to exclusive licensee
   28.     Rights of exclusive licensee
   29.     Proceedings where concurrent rights exist
   30.     Defences in proceedings by exclusive licensee
   31.     Assessment of damages where exclusive licence granted
   32.     Apportionment of profits between owner and exclusive licensee
   33.     Limitation on relief where separate proceedings relate to same infringement
   34.     Liability for costs
   35.     Presumptions
   36.     Proof of certain facts

   PART 5 - Miscellaneous

   37.     Eligible countries
   38.     Prospective ownership of layout design rights
   39.     Assignments and licences of layout design rights
   40.     Groundless legal proceedings
   41.     Amendments to Copyright Act 1962
   42.     Amendment to Commerce Act 1986