New Zealand Acts

GENEVA CONVENTIONS (THIRD PROTOCOL--RED CRYSTAL EMBLEM) AMENDMENT ACT 2012 - SECT 10

10 Use of Red Cross and other emblems

1 Section 8(1) is amended by inserting or her after him.

2 Section 8(1) is amended by inserting the following paragraph after paragraph (b):

ba) the emblem of a red crystal, composed of a red frame in the shape of a square on edge on a white ground, or the designation Red Crystal:

.

3 Section 8(2) is amended by—

a) inserting or she after he; and

b) omitting $1,000 and substituting $10,000.

4 Section 8 is amended by inserting the following subsection after subsection (4):

4A In the case of a trade mark registered before subsection (1)(ba) comes into force, subsections (1) to (3) do not apply by reason only of the trade mark consisting of or containing a design or wording that reproduces or resembles the emblem or the designation specified in subsection (1)(ba) .

5 Section 8(5) is repealed and the following subsection substituted:

5 If a person is charged with using a design or wording to which subsection (4) or (4A) applies for any purpose and it is proved that he or she used it otherwise than as, or as part of, a trade mark registered as aforesaid, it is a defence for him or her to prove—

a) that he or she lawfully used that design or wording for that purpose before the passing of this Act or subsection (1)(ba) comes into force (as the case may be); or

b) in a case where he or she is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he or she acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the passing of this Act or subsection (1)(ba) comes into force (as the case may be).

6 Section 8(6) is amended by inserting or she after he.