Next Tuesday, 19 April, is a big day for designs in New Zealand -- it's the day the country's Designs Amendment Act 2010 comes into force (as
noted this time last year by the ever-observant Class 99 team). What's it all about? In brief:
* Responses are invited. The Ministry for Economic Development has to draft new regulations to go along with the new Act. Accordingly it is asking for comments on its proposals.
* Restoration of lapsed registrations. Applications for restoration must show that the lapse was unintentional. The commissioner may extend the (proposed six-month) period within which restoration may be sought, so long as the applicant demonstrates that he has applied for it without undue delay -- and pays an extra fee.
* Protection of third parties. It is proposed that innocent third parties using a design after registration has lapsed will be able to carry on doing so even after registration is restored, as in Australia and the UK, but with the difference that the third party would not be entitled to increase its manufacturing output post-restoration.
* Postponing registration. It is intended to run a formal system for postponing registration of a design after filing of an application, so the applicant can keep the content of his application confidential so that competitors won't know what he's up to.
Source: "Draft amendments to designs regime" by Michael Brown (A. J. Park), International Law Office, 11 April 2011 (which has more detail, particularly concerning postponement).
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