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Copyright Act 1994

Border protection measures

137: Determination whether item is pirated copy

You could also call this:

"How to Decide if an Item is a Pirated Copy"

Illustration for Copyright Act 1994

You need to know if an item is a pirated copy. The chief executive can investigate when they think an item might be a pirated copy. They can ask for information from the claimant or someone with an interest in the item. You will be asked to give information within 10 working days. The chief executive must decide if the item is a pirated copy within a reasonable time. This rule only applies to a specific item. The chief executive can look at the item to decide if it is a pirated copy. They can do this after a notice has been accepted under section 136(3)(a). They must follow the rules in section 138 when asking for information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346646.

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Topics:
Intellectual property > Copyright infringementConsumer protection > Counterfeit goods
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136D: Duration of accepted notice, or

"How long a formal warning about copyright lasts"

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138: Limitations on requirement to supply information, or

"When you must give information to help with an investigation"

Part 7Border protection measures

137Determination whether item is pirated copy

  1. Where—

  2. a notice that has been accepted under section 136(3)(a) is in force; and
    1. the chief executive forms the opinion that any item that is in the control of the Customs may be a pirated copy to which the notice relates,—
        1. the chief executive may conduct such investigation as he or she considers necessary in order to establish whether or not the item appears to be a pirated copy to which the notice relates.

      1. Where the chief executive conducts an investigation, he or she may, subject to section 138, require—

      2. the claimant; or
        1. any other person appearing to the chief executive to have an interest in the item—
            1. to supply such information as the chief executive may specify for the purpose of the investigation, within 10 working days of being required to do so.

          1. Whether or not the chief executive conducts any investigation, he or she must, within a reasonable period of forming an opinion under subsection (1), make a determination whether or not the item appears to be a pirated copy to which the notice relates.

          2. This section applies only to a specified item.

          Notes
          • Section 137: substituted, on , by section 2 of the Copyright Amendment Act 1997 (1997 No 38).
          • Section 137(1)(b): amended, on , by section 11(1) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).
          • Section 137(4): replaced, on , by section 11(2) of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (2016 No 90).