Scientific and Industrial Research Amendment Act 1985
Scientific and Industrial Research Amendment Act 1985
Scientific and Industrial Research Amendment Act 1985
Scientific and Industrial Research Amendment Act 1985
Public Act |
1985 No 96 |
|
Date of assent |
11 June 1985 |
|
Contents
An Act to amend the Scientific and Industrial Research Act 1974
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title
This Act may be cited as the Scientific and Industrial Research Amendment Act 1985. and shall be read together with and deemed part of the Scientific and Industrial Research Act 1974 (hereinafter referred to as the principal Act).
2 Interpretation
Section 2 of the principal Act is hereby amended by inserting, after the definition of the term “Director-General”
, the following definition:
“‘Intellectual property’ includes all property rights constituted by the Patents Act 1953, the Designs Act 1953, the Trade Marks Act 1953 and the Plant Varieties Act 1973, and includes any trade secret; but does not include any property rights constituted by the Copyright Act 1962:”.
3 Inventions, etc., by employees
The principal Act is hereby amended by repealing section 12, and substituting the following section:
“12
“(1)
Notwithstanding anything in any other enactment, any intellectual property devised or developed by an officer or employee of the Department shall belong to the Crown (which, for this purpose, shall be deemed to be the assignee of the officer or employee in respect of that intellectual property) if—
“(a)
It was devised or developed in the course of the duties of the officer or employee, being duties from which intellectual property might reasonably be expected to result; or
“(b)
It was devised or developed wholly or principally by or through the use of resources provided by the Crown—
but any other intellectual property devised or developed by an officer or employee shall, as between him and the Department, belong to the officer or employee.
“(2)
There may be paid to an officer or employee of the Department in respect of any such intellectual property declared to belong to the Crown such amount by way of bonus or grant as may be appropriate for the purpose.
“(3)
All intellectual property belonging to the Crown under this section shall be made available for use on such conditions (including the payment of royalties or other money) as the Minister may from time to time agree.
“(4)
Where intellectual property belonging to the Crown under this section was devised or developed wholly or partly through the use of resources other than public money or public stores as defined in section 2(1) of the Public Finance Act 1977 the Minister, on the advice of the Director-General, may assign that intellectual property or any interest in it to the person or persons who provided those resources upon such terms and conditions as may be agreed between that person or those persons and an authorised officer or employee of the Department.”
This Act is administered in the Department of Scientific and Industrial Research