WORLD TRADE
ORGANIZATIONIP/N/1/NZL/3
28 April 1999
(99-1721)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
NEW ZEALAND
The following communication, dated 18 January 1999, has been received from the Permanent
Mission of New Zealand.
_______________
In accordance with Article 63.2 of the TRIPS Agreement, attached is information concerning
recent amendments to New Zealand laws and regulations pertaining to the TRIPS Agreement.
These amendments are listed in the order used in New Zealand's original Article 63.2
notification (document IP/N/1/NZL/1).
Copies of the texts of these amending laws and regulations are enclosed, together with
explanatory background notes for each.IP/N/1/NZL/3
Page 2
NOTIFICATION OF AMENDMENTS TO LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
NEW ZEALAND
Copyright
Copyright Amendment Act 1997
Copyright (Application to Other Countries) Amendment Order 1997
Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998Copyright (General Matters) Amendment Regulations 1998
Patents
Patents, Designs and Trade Marks Convention Amendment Order 1997
Plant Variety Protection
Plant Variety Rights (Grantees' Rights) Order 1997IP/N/1/NZL/3
Page 3
NOTIFICATION TO TRIPS COUNCIL BY NEW ZEALAND
OF AMENDING LEGISLATION
BACKGROUND INFORMATION
Name of legislation
Copyright Amendment Act 19971
Type of legislation
Amendment of the Copyright Act 1994
Date of entry into force
28 July 1997
Purpose of legislation
To replace the word "Collector" with the words "Chief Executive" in sections 137-139 of the
Copyright Act in order to align the terminolo gy with that contained in the Customs Act 1996.
Contact for enquiries
Intellectual Property Rights Group, Ministry of Commerce, Wellington, New Zealand.
                                                     
1 The text of this law is circulated in document IP/N/1/NZL/C/1/Add.2.IP/N/1/NZL/3
Page 4
NOTIFICATION TO TRIPS COUNCIL BY NEW ZEALAND
OF AMENDING LEGISLATION
BACKGROUND INFORMATION
Name of legislation
Copyright (Application to Other Countries) Amendment Order 19972
Type of legislation
Order in Council
Date of entry into force
18 April 1997
Purpose of the legislation
The amendment Order adds a number of countries to each of the Schedules to the Order
which were not in the previous 1995 Order.  These countries have become members of theWTO since the 1995 Order.
Contact for enquiries
Intellectual Property Rights Group, Ministry of Commerce, Wellington, New Zealand.
                                                     
2 The text of this law is circulated in document IP/N/1/NZL/C/3/Add.2.IP/N/1/NZL/3
Page 5
NOTIFICATION TO TRIPS COUNCIL BY NEW ZEALAND
OF AMENDING LEGISLATION
BACKGROUND INFORMATION
Name of legislation
Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 19983
Type of legislation
Act of Parliament
Date of entry into force
19 May 1998
Purpose of the legislation
The amendment removes the prohibition on parallel importing of copyright goods.
Contact for enquiries
Intellectual Property Rights Group, Ministry of Commerce, Wellington, New Zealand.
                                                     
3 The text of this law is circulated in document IP/N/1/NZL/C/4.IP/N/1/NZL/3
Page 6
NOTIFICATION TO TRIPS COUNCIL BY NEW ZEALAND
OF AMENDING LEGISLATION
BACKGROUND INFORMATION
Name of legislation
Copyright (General Matters) Amendment Regulations 19984
Type of legislation
Statutory regulations promulgated in terms of Copyright Act 1994 ("the Act").  The
regulations give effect to section 90 of the Act and prescribe a new class of libraries for thepurposes of section 50(e) of the Act.
Date of entry into force
1 November 1998
Purpose of legislation
The regulations prescribe classes of broadcasts and cable programmes that certain bodies
prescribed in the regulations may record fo r archival purposes without the permission of
copyright owners.
The regulations also prescribe a new class of libraries for the purposes of section 50(e) of the
Act.  A prescribed library may do the acts specified in sections 51-56 of the Act.  These acts
are as follows:
- copying by librarians of parts of published works;
- copying by librarians of articles in periodicals;
- copying by librarians for user of other libraries;
- copying by librarians for collections of other libraries;- copying by librarians or archivists of certain unpublished works;  and
- copying by librarians or archivists to replace copies of works.
Contact for enquiries
Intellectual Property Rights Group, Ministry of Commerce, Wellington, New Zealand.
                                                     
4 The text of this law is circulated in document IP/N/1/NZL/C/3/Add.2.IP/N/1/NZL/3
Page 7
NOTIFICATION TO TRIPS COUNCIL BY NEW ZEALAND
OF AMENDING LEGISLATION
BACKGROUND INFORMATION
Name of legislation
Patents, Designs and Trade Marks Convention Amendment Order 19975
Type of legislation
Order in Council
Date of entry into force
15 January 1998
Purpose of legislation
The Order amends the 1996 Order by amending the names of some countries contained in the
1996 Order where circumstances have led to changes in their official name, and by adding anumber of countries to the Order which have either recently acceded to the Paris Convention
for the Protection of Industrial Property or have become Members of the WTO.  The
Explanatory Note to the Order provides more detail on the changes.
Contact for enquiries
Intellectual Property Rights Group, Ministry of Commerce, Wellington, New Zealand.
                                                     
5 The text of this law is circulated in document IP/N/1/NZL/I/1/Add.2.IP/N/1/NZL/3
Page 8
NOTIFICATION TO TRIPS COUNCIL BY NEW ZEALAND
OF AMENDING LEGISLATION
BACKGROUND INFORMATION
Name of legislation
Plant Variety Rights (Grantees' Rights) Order 19976
Type of legislation
Order in Council
Date of entry into force
15 January 1998
Purpose of legislation
This Order replaces the 1988 Order.  It adds a new category to clause 2, namely "Vegetatively
propagated vegetable-producing plants".  Further detail is provided in the Explanatory Note tothe Order.
Contact for enquiries
Intellectual Property Rights Group, Ministry of Commerce, Wellington, New Zealand.
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6 The text of this law is circulated in document IP/N/1/NZL/P/4/Add.1.