Industrial Designs Law in New Zealand
In New Zealand, industrial design protection is governed by the Designs Act 1953, as amended by the Designs Amendment Act 2010. This framework is administered by the Intellectual Property Office of New Zealand (IPONZ).
🛡️ What Is a Registered Design?
A registered design protects the visual appearance of a product, encompassing its shape, configuration, pattern, or ornamentation. To qualify for registration, the design must be new and original, and it should not be solely functional. The design must also be appealing to the eye. Importantly, public disclosure of the design before filing can jeopardize its novelty.
📝 How to Register a Design
Prepare Representations: Submit clear, high-quality images (drawings or photographs) of your design from multiple perspectives. These representations should be devoid of extraneous matter and must illustrate the design's features.
Statement of Novelty: Include a brief statement identifying the novel features of your design, such as its shape, configuration, pattern, or ornamentation.
File the Application: Submit your application through the IPONZ online portal. You must provide an address for service in New Zealand or Australia.
Examination: IPONZ will examine your application to ensure it meets the necessary requirements. Most applications are examined within 15 working days.
Initial Term: 5 years from the filing date.
Renewals: Two additional 5-year terms, totaling a maximum protection period of 15 years. Renewal fees are due at the 5th and 10th anniversaries.
🌐 International Protection
New Zealand adheres to the ‘first to file’ principle, meaning the first to file a design application is granted the protection. However, there is a 12-month grace period allowing you to register a design within 12 months of public disclosure.
To protect your design internationally, you can file an application through the Hague System within 6 months of your New Zealand filing date to claim the same priority date. New Zealand is a member of the Paris Convention, facilitating this process.
⚖️ Enforcement and Legal Remedies
Once registered, you have the exclusive right to make, sell, hire, or import articles embodying your design. Infringement occurs if someone else does these without your consent. While there is no formal opposition process during registration, you can apply to the Commissioner or the High Court for cancellation of a registration.
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