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Patents Acts (1953 to 1996) by Parliamentary Counsel  016
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Offences
106   Unauthorised claim of patent rights




   106. Unauthorised claim of patent rights---(1) Every person who
 falsely represents that he or another person is the patentee of an
 invention or that he or another person has applied for a patent for an
 invention commits an offence and shall be liable on summary conviction
 to a fine not exceeding [$200].

   (2) Every person who falsely represents that an article sold by him is
 patented in New Zealand or is the subject of an application for a patent
 in New Zealand commits an offence and shall be liable on summary
 conviction to a fine not exceeding [$100].

   (3) For the purposes of this section---
   (a) A person shall be deemed to represent that an article is patented
         in New Zealand if there is stamped, engraved, or impressed on,
         or otherwise applied to, the article the word ``patent'' or
         ``patented'', the words ``provisional patent'', or some other
         word or words expressing or implying that a patent for the
         article has been obtained in New Zealand; and
   (b) A person shall be deemed to represent that an article is the
         subject of an application for a patent in New Zealand if there
         are stamped, engraved, or impressed on or otherwise applied to
         the article the words ``patent applied for'' or ``patent
         pending'' or some other word or words implying that an
         application for a patent for the article has been made in New
         Zealand:

   Provided that it shall be sufficient defence to any prosecution under
 this subsection to show that the article was patented or was the subject
 of an application for a patent at the time when and in the country where
 the words were stamped, engraved, or impressed on or otherwise applied
 to it.

   (4) Every person who uses on his place of business or on any document
 issued by him or otherwise the words ``Patent Office'', or any other
 words suggesting that his place of business is or is officially
 connected with the Patent Office, commits an offence and shall be liable
 on summary conviction to a fine not exceeding [$100].
     Cf. Patents Act 1949, s. 91 (U.K.); 1921-22, No. 18, s. 143
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