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Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998

 Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998

Copyright (Removal of Prohibition on Parallel Importing) Amendment

Act 1998

Public Act 1998 No 20 Date of assent 19 May 1998

Contents Page

Title 2 1 Short Title and commencement 2

Part 1 Amendments to Copyright Act 1994

2 Part to be part of Copyright Act 1994 2 3 Interpretation 2 4 Meaning of “issue to the public” 2 5 Meaning of “infringing copy” 2 6 Criminal liability for making or dealing with infringing

objects 3

7 Definitions—border protection measures 3 8 Notices to Chief Executive concerning importations of

parallel imports 3

9 No compensation for diminution in rights attaching to copyright

3

Part 2 Amendments to Medicines Act 1981

10 Part to be part of Medicines Act 1981 3 11 Restrictions on sale or supply of new medicines 3 12 Distribution of changed medicines restricted 3

1

Copyright (Removal of Prohibition on Parallel Importing) Amendment Act 1998 1998 No 20

13 Duty of importer and manufacturer to have and produce specifications of medicines

4

An Act to amend the Copyright Act 1994 and the Medicines Act 1981 to— (a) Remove the prohibition on parallel importing from the

Copyright Act 1994; and (b) Increase the penalties for importation of pirated copyright

works and for breaching certain requirements of the Medicines Act 1981 in relation to the sale and distribution of medicines

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement (1) This Act may be cited as the Copyright (Removal of Prohib­

ition on Parallel Importing) Amendment Act 1998. (2) This Act comes into force on the day on which it receives the

Royal assent.

Part 1 Amendments to Copyright Act 1994

2 Part to be part of Copyright Act 1994 This Part is part of the Copyright Act 1994 (in this Part referred to as the “principal Act”).

3 Interpretation This section inserted the definition of the term graphic work in s 2(1) of the principal Act.

4 Meaning of “issue to the public” This section amended s 9(1), and inserted s 9(1)(d) of the prin­ cipal Act.

5 Meaning of “infringing copy” (1) This subsection substituted s 12(3) of the principal Act.

2

1998 No 20 Copyright (Removal of Prohibition on

Parallel Importing) Amendment Act 1998 Part 2 s 12

(2) This subsection inserted s 12(5A) of the principal Act.

6 Criminal liability for making or dealing with infringing objects

(1) This subsection substituted s 131(5) of the principal Act. (2) This subsection repealed section 131(8) of the principal Act.

7 Definitions—border protection measures This section inserted para (c)(ia) of the definition of the term pirated copy in s 135 of the principal Act.

8 Notices to Chief Executive concerning importations of parallel imports

(1) The principal Act is amended by repealing section 144. (2) Any notices given under section 144 cease to have effect on

the commencement of this Act.

9 No compensation for diminution in rights attaching to copyright No person is entitled to compensation from the Crown in re­ spect of any diminution in the rights attaching to copyright that may arise by virtue of the enactment of this Part of this Act.

Part 2 Amendments to Medicines Act 1981

10 Part to be part of Medicines Act 1981 This Part is part of the Medicines Act 1981 (in this Part re­ ferred to as the “principal Act”).

11 Restrictions on sale or supply of new medicines This section substituted s 20(4) of the principal Act.

12 Distribution of changed medicines restricted This section inserted s 24(7) of the principal Act.

3

Part 2 s 13 Copyright (Removal of Prohibition on

Parallel Importing) Amendment Act 1998 1998 No 20

13 Duty of importer and manufacturer to have and produce specifications of medicines This section substituted s 42(3) of the principal Act.

4