Page 45 - English-DBINZ brochure-2019

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The Copyright Act provides that an employer owns all works created by an employee in the normal
course of their employment. Similarly, the Copyright Act provides that the commissioner of certain
original works is presumed to own the copyright in the commissioned work. Both these provisions can
be overridden by contract.

PATENTS
The Patents Act 2013 provides for the grant of patents for inventions, including manufacturing processes,
machines, pharmaceutical and products. To be patented, the invention must be industrially applicable
(be able to be made or used in some kind of industry) new or novel and contain an inventive step that is
non-obvious. The invention cannot be already known or used anywhere in the world before the priority
date of the application for grant in New Zealand, although there is a limited grace period for disclosures
made after 31 December 2018 provided a complete specification is filed within one year of the disclosure.
The maximum period of patent protection is 20 years.
New Zealand is a member of the Paris Convention and Patent Co-operation Treaty.
“Swiss type” claims (new therapeutic uses for existing pharmaceuticals) are recognised in New Zealand.

DESIGNS
The Designs Act 1953 provides for the registration of designs (features of shape, configuration, pattern
and ornamentation) that are new and original. Designs cannot be registered if they are solely functional.
Designs can be registered for a maximum period of 15 years (renewal fees are due after five and 10 years
respectively).

CONFIDENTIAL INFORMATION
Information is confidential if it is communicated in circumstances that impart an obligation of
confidence. Obligations of confidence can arise under contract (eg confidentiality and non disclosure
agreements) and if the circumstances of communication require confidence (eg fiduciary duties) and by
contractual provisions such as restraints of trade which limit the ability to use information.

“The Designs Act 1953 provides for the registration of designs
(features of shape, configuration, pattern and ornamentation)
that are new and original. Designs cannot be registered if they
are solely functional.”