NEW ZEALAND Law and Practice Contributed by: Fiona Ashby, Luke Bowers, Daniel Erickson, Jessica Phillips, Natalie Foster, Shelley Slade-Gully, Tina Liu and Theresa Le Bas, Tompkins Wake
7.3 Industrial Designs Definition and Duration
dies including injunctions, damages and an account of profits. The Copyright (Parody and Satire) Amendment Bill was introduced to Parliament in November 2024, containing a “fair dealing” exception to copyright infringement for parody and satire, which if passed will bring New Zealand’s law into line with the United Kingdom, United States and Australia. 7.5 Others Plant Variety Rights The Plant Variety Rights Act 2022 grants breeders of new plant varieties exclusive rights over their varieties for a specified period, and is particularly relevant for New Zealand’s significant horticulture sector, includ - ing the kiwifruit, apple and wine industries. Domain Names Domain names can be registered in New Zealand, particularly regional ones like “.co.nz” or “.govt.nz” (restricted to government use). Courts have acted against cybersquatting in certain cases to protect businesses. The Domain Name Commission offers a dispute resolution service for conflicts over domain name registrations. Software, Databases and Trade Secrets Software constitutes a literary work under the Copy - right Act 1994. Copyright will subsist in software on creation, provided the work is original, with no formal registration required. The same applies to databases. The original compilation may qualify for copyright protection as a literary work. Trade secrets are not governed by specific legislation in New Zealand. Pro - tection can instead be achieved through the equita - ble law of confidence and contractual arrangements (including employment agreements, contractor agree - ments and other confidentiality obligations binding the relevant parties).
The Designs Act 1953 protects new and original indus - trial designs that have visual appeal, such as shapes, patterns or ornamentation. Registered designs are protected for an initial five-year period, with the option to renew twice for additional five-year periods, giving a maximum protection period of 15 years. Registration is through IPONZ. Enforcement While copyright protects artistic works, registered design protection offers distinct legal advantages for enforcement and commercialisation. Enforce - ment of registered design rights is pursued through the courts, with remedies including injunctions and damages. Rights holders whose designs have been copied should act promptly to protect their position, as delays can complicate enforcement efforts. 7.4 Copyright Definition and Duration The Copyright Act 1994 grants creators exclusive rights over their works, allowing them to: • reproduce and distribute the work; • publicly perform, show or communicate the work; • create adaptations; and • authorise any of these activities. Copyright covers literary, dramatic, musical and artistic works, as well as sound recordings, films and broadcasts. Works must be original to qualify for pro - tection. As a signatory to the Berne Convention, New Zealand does not require registration for copyright protection, which begins automatically upon crea - tion. Literary, dramatic, musical and artistic works are protected for the life of the author plus 50 years; films, sound recordings and broadcasts for 50 years; typo - graphical arrangements for 50 years; and industrially applied artistic works for 16 years, or 25 years for works of artistic craftsmanship. Moral rights (including the right to be recognised as the author and to prevent derogatory treatment of works) cannot be transferred. Registration and Enforcement No registration is required for copyright in New Zea - land. Enforcement is through the courts, with reme -
8. Data Protection 8.1 Applicable Regulations
New Zealand’s Privacy Act 2020 governs the collec - tion, disclosure and use of personal information, and applies to public and private sector “agencies”.
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