New Zealand designs law: The case for reform

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dc.contributor.authorKingsbury, Anna
dc.date.accessioned2013-08-02T05:02:50Z
dc.date.available2013-08-02T05:02:50Z
dc.date.issued2009
dc.description.abstractThis article is about New Zealand designs law, considered in an international and comparative context. It argues that New Zealand designs law is unsustainable and in need of reform. New Zealand is a small jurisdiction with a relatively small manufacturing industry, and New Zealand is a net importer of technology. Yet New Zealand operates a designs regime which is more protective of design than jurisdictions with proportionately much larger manufacturing and design based industries. Designs regimes in the United States, Australia, and the United Kingdom and Europe are all less protective and more conducive to competition and innovation than the existing New Zealand regime. New Zealand operates a designs law regime which is over-protective, which excessively interferes with healthy competition to the disadvantage of consumers, and which imposes excessive burdens on second-comers and follow-on innovation. New Zealand's designs regime also significantly disadvantages New Zealand designers as compared with non-resident designers, and creates obstacles to exporters. The article reviews the international law framework for designs protection, and the regimes in the United States, Australia, and the United Kingdom and Europe. It argues that reform of the New Zealand designs regime is now overdue, and reviews the reform proposals and processes that have been undertaken over the last two decades.en_NZ
dc.format.mimetypeapplication/pdf
dc.identifier.citationKingsbury, A. (2009). New Zealand designs law: The case for reform. Intellectual Property Quarterly, 3, 345-372.en_NZ
dc.identifier.urihttps://hdl.handle.net/10289/7816
dc.language.isoenen_NZ
dc.publisherThomson Reutersen_NZ
dc.relation.isPartOfIntellectual Property Quarterlyen_NZ
dc.relation.urihttp://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=6791&recordid=380en_NZ
dc.rightsThis article has been published in the journal: Intellectual Property Quarterly. © 2009 Thomson Reuters Ltd and the author. Used with permission.en_NZ
dc.subjectlawen_NZ
dc.titleNew Zealand designs law: The case for reformen_NZ
dc.typeJournal Articleen_NZ
pubs.begin-page345en_NZ
pubs.elements-id34444
pubs.end-page372en_NZ
pubs.volume3en_NZ
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