THE PATENTS, DESIGNS, AND TRADE MARKS CONVENTION ORDER 1996
MICHAEL HARDIE BOYS, Governor-General
ORDER IN COUNCIL
At Wellington this 23rd day of September 1996
Present:
His Excellency the Governor-General in Council
Pursuant to section 77 of the Patents Act 1953, section 20 of the Designs Act 1953, and section 72 of the Trade Marks Act 1953, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and, in relation to Niue, at and with the request and consent of the Cabinet Ministers of Niue, hereby makes the following order.
ORDER
1. Title and commencement-(1) This order may be cited as the Patents, Designs, and Trade Marks Convention Order 1996.
(2) This order shall come into force on the 28th day after the date of its notification in the Gazette.
2. Declaration of convention countries for all purposes of the Acts-Each of the countries named in the Schedule to this order is hereby declared to be a convention country for the purposes of all the provisions of the Patents Act 1953, the Designs Act 1953, and the Trade Marks Act 1953.
3. India and Pakistan-India and Pakistan are hereby declared to be convention countries for the purposes of-
(a) All of the provisions of the Patents Act 1953, except section 79; and
(b) All the provisions of the Designs Act 1953.
4. Ecuador and Guatemala-Ecuador and Guatemala are hereby declared to be convention countries for the purposes of all of the provisions of the Designs Act 1953 and of the Trade Marks Act 1953.
5. Application of order to Niue and Tokelau-This order shall be in force in Niue and Tokelau.
6. Revocation-The Patents, Designs, and Trade Marks Convention Order 1994* is hereby revoked.
SCHEDULE
Cl. 2
Convention Countries for All Purposes of the Acts
Albania.
Algeria.
Argentina.
Armenia.
Australia (and Norfolk Island).
Austria.
Azerbaijan.
Bahamas.
Bangladesh.
Barbados.
Belarus.
Belgium.
Benin.
Bolivia.
Bosnia and Herzegovina, Republic of.
Brazil.
Bulgaria.
Burkina Faso.
Burundi.
Cameroon.
Canada.
Central African Republic.
Chad.
Chile.
China.
Congo.
Costa Rica.
Côte d'Ivoire.
Croatia.
Cuba.
Cyprus.
Czech Republic.
Denmark (and Faroe Islands).
Dominican Republic.
Egypt, Arab Republic of.
El Salvador.
Estonia.
Finland.
France (including all Overseas Departments and Territories).
Gabon.
Gambia.
Georgia.
Germany, Federal Republic of.
Ghana.
Greece.
Guinea.
Guinea-Bissau.
Guyana.
Haiti.
Holy See (Vatican City).
Honduras.
Hungary.
Iceland.
Indonesia.
Iran, Islamic Republic of.
Iraq.
Ireland.
Israel.
Italy.
Japan.
Jordan.
Kazakhstan.
Kenya.
Korea, Democratic People's Republic of.
Korea, Republic of.
Kyrgyzstan.
Latvia.
Lebanon.
Lesotho.
Liberia.
Libyan Arab Jamahiriya.
Liechtenstein.
Lithuania.
Luxembourg.
Macedonia, Former Yugoslav Republic of.
Madagascar.
Malawi.
Malaysia.
Mali.
Malta.
Mauritania.
Mauritius.
Mexico.
Moldova.
Monaco.
Mongolia.
Morocco.
Netherlands (and Netherlands Antilles).
Niger.
Nigeria.
Norway.
Paraguay.
Peru.
Philippines.
Poland.
Portugal (including the Azores and Madeira).
Romania.
Russian Federation.
Rwanda.
Saint Kitts and Nevis.
Saint Lucia.
Saint Vincent and the Grenadines.
San Marino.
Senegal.
Singapore.
Slovak Republic.
Slovenia.
South Africa.
Spain (and colonies).
Sri Lanka.
Sudan.
Suriname.
Swaziland.
Sweden.
Switzerland.
Syrian Arab Republic.
Tajikistan.
Tanzania, United Republic of.
Togo.
Trinidad and Tobago.
Tunisia.
Turkey.
Turkmenistan.
Uganda.
Ukraine.
United Kingdom (and Hong Kong and the Isle of Man).
United States of America (and all territories and possessions of the United States, including Puerto Rico).
Uruguay.
Uzbekistan.
Venezuela.
Viet Nam.
Zaire.
Zambia.
Zimbabwe.
MARIE SHROFF,
Clerk of the Executive Council.
EXPLANATORY NOTE
This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on the 28th day after the date of its notification in the Gazette, declares the countries which are to be convention countries for the purposes of the Patents Act 1953, the Designs Act 1953, and the Trade Marks Act 1953. It brings up to date and replaces the list presently set out in the Patents, Designs, and Trade Marks Convention Order 1994.
The countries named in the Schedule to the order are declared to be convention countries by reason of their membership of the Paris Union, which was established by the Paris Convention for the Protection of Industrial Property of 20 March 1883. Those countries have adhered to the Hague, London, Lisbon, or Stockholm revisions of the Convention, and are convention countries for all of the purposes of the 3 Acts.
India and Pakistan are convention countries for the purposes specified in clause 3 of the order pursuant to arrangements made with India in 1921.
Ecuador and Guatemala are convention countries for the purposes specified in clause 4 of the order pursuant to treaties made with the United Kingdom, being treaties to which New Zealand acceded.
Costa Rica is included in the Schedule to the order for the first time. It was formerly included in clause 4 of the order as it was a convention country for the purposes of the Designs Act 1953 and the Trade Marks Act 1953. It is now also a convention country for the purposes of the Patents Act 1953.
Included in the list of convention countries for the first time are Albania, Armenia, Azerbaijan, Estonia, Georgia, Guyana, Kyrgyzstan, Liberia, Lithuania, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Singapore, Tajikistan, Turkmenistan, and Venezuela.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 26 September 1996.
This order is administered in the Ministry of Commerce.
* S.R. 1994/261