Legislation / Hearings

Legislation

In New Zealand, the Designs Act 1953 and the Designs Amendment Act 2010 governs the administration of rights to a design. These Acts are accompanied by the Design Regulations 1954 and the Designs Amendment Regulations 2011.

This legislation provides for:

• the administration of Designs, including the powers and functions of the Commissioner of Patents, Trade Marks and Designs
• establishing and maintaining the designs register
• making and processing applications for registration of designs
• forms and fees
• prescribing the means to take infringement proceedings to enforce rights in a design

Hearings

The Hearings Office is the arena in which the majority of the quasi-judicial responsibilities of the Commissioner are exercised. IPONZ become involved in proceedings when a revocation application is made, or when a hearing is requested. A panel of Assistant Commissioners (Hearings Officers) give decisions on matters referred to the Commissioner for hearing.

• Design decisions of the Commissioner
• Index of Design decisions of the Commissioner from 1953 [10 kB PDF]

Hearings practice guidelines

IPONZ publishes a number of practice guidelines that are used as a reference tool for examiners. They set out procedural and legal matters relevant to the examination of applications under the Act.