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Design FAQs

 

Select from the options below to ask a question about the Intellectual Property Office or this website.

What would you like information on?
 

 


What is a design?

How do I search for a design?

How do I apply for design registration?

When will your application be processed?

How do I maintain my design registration?

Will New Zealand Design registration protect my Design overseas?

After your Design is registered

What happens if I forget to pay my renewal fee?

How do I sell or licence my Design?

What can I do if my Design is copied?

Can my Design be cancelled after it is granted?

 

If you haven't found your answer then send us your question and we'll get back to you.
 

 
 

What is a design?

See What is a design?


 

How do I search for a design?

See How to check for existing designs.


 

How do I apply for design registration?

See How to apply for a design.

 

When will your application be processed?

You can find the latest processing timeframes for Design applications and correspondence here.

To track the progress of a particular application or correspondence you have submitted please see our View IP History service.

[image] View now.


 

How do I maintain my design registration?

See Maintaining a design.


 

Will New Zealand Design registration protect my Design overseas?

No. Each country has its own laws and practices regarding design registration. You will need to make separate applications in the countries in which you wish to protect your design.

If you do make an application overseas within six months of applying in New Zealand, you may be able to claim priority from your New Zealand application date in those overseas countries


 

After your Design is registered

Once your design has been registered, it is your responsibility to ensure that it does not lapse.


 

What happens if I forget to pay my renewal fee?

If you fail to pay your renewal fee within 6 months of the Renewal date your design will be removed from the Register of Designs. It is not possible to restore a lapsed Design registration to the design Register.


 

How do I sell or licence my Design?

If you wish to change the ownership of your design. You are advised to seek legal advice when drafting your contract.

Iponz does not assist with the drafting of contracts between parties, nor does it provide forms.


 

What can I do if my Design is copied?

You can advise the other party that you have a registered design and ask them to stop the action

We recommend that you do not threaten any legal action without seeking professional legal advice.

IPONZ cannot assist you if your design copyright is infringed.


 

Can my Design be cancelled after it is granted?

Yes. It can be cancelled or rectified. The Commissioner and the High Court can cancel or rectify a registered design for a number of reasons, including, but not only, because:

  • the design was not new and original; or
  • the design was granted to a person who was not entitled to apply for it.

When a registered design is cancelled the proprietor loses the right to have sole use of that design.

Last updated 23 October 2009