Maintain a design

Once your design is registered, it is your responsibility to ensure that it does not expire and that the design details are up to date. Use our online renewal service  to keep your design from expiring. 

In addition, you need to let IPONZ know when your design details change including changes of name, address and ownership. All changes should be submitted online.

All the maintenance options are available to you from the Maintain a Design menu which appears on the left hand side of the screen when you are logged in to our system.

Renewing your design

You can renew a design online.

A design is initially registered for five years. Renewal fees are then due at five and ten years from the application date. The full term of 15 years cannot be extended.

Renewing your design online

Choose one of the following to get started:

1. If you are a registered user of our online services, select TM and Design from the Online Services Menu, then click Log On to complete the igovt logon process, select Renew Design from the design menu on the left hand side. Alternatively, if you are already logged in, go straight to the renew page.
2. If you are a casual user and do not use the site frequently, it is not necessary for you to become a registered user to renew your design. Go directly to Design Renewals.

Making a renewal payment

If you are not logged in you will need to fill in your name and email address.

Use the Search facility to find the designs you wish to renew, select them from the search results, and press Select. Review the selected cases on screen and press Submit when you are happy. The payment details and options will display.

If you are logged in and have a direct debit facility loaded to your account you can choose the Direct Debit option for payment. Otherwise you will need to pay by credit card. Include your email address to recieve an invoice confirming payment of the renewal fee.

What happens if I forget to pay my renewal fee?

If you fail to pay your renewal fee within six months of the renewal date the copyright in your design will lapse.

Under certain conditions it is possible to restore a lapsed design.

You will have to:

• apply for restoration, and

• show that the failure to pay a renewal fee was unintentional

If you request restoration beyond 12 months of the lapse date, you will also be required to provide evidence to show that there was no undue delay in applying for the restoration.

To apply for restoration of your lapsed design, logon and select Restore from the Maintain a Design menu. You will need to supply evidence in support of an application for restoration in the form of either a statutory declaration or a sworn affidavit.

Updating your design details

A range of information is held for each design on the New Zealand Designs Register. Included are ownership details and addresses. If any details with regards to your design registration change it is important to provide the Office with the updated information for accuracy of the Design Register.
 

What do I need to do if I change address?

You can change an address or edit your name by logging on and selecting Maintain Client from the user menu. Search for your client record and select Edit to modify. You can add, or remove addresses. Press Submit to complete your changes. To own a design you must have an address in New Zealand.

How do I sell or license my design?

Registered designs are bought, sold and licensed through a contract that should clearly define the terms and conditions of the ownership change. You are advised to seek legal advice when drafting your contract.

IPONZ does not assist in the drafting of contracts between parties, nor does it provide forms for the licensing of designs.

To enter a new owner on the register select Assignment from the Maintain a Design menu. You can search for one or more registered designs that you wish to change the ownership of. Once you have identified the correct cases and selected them you can search for the new owner, or add them to our database.

The new owners must have a valid address in New Zealand on their client record. If there are multiple owners, or an agent then you must determine who will receive correspondence from IPONZ.

To add or remove a licensee or mortgagee to a registered design select Change Licensee / Mortgagee from the Maintain a Design menu. You can search for one or more registered designs that you wish to change the ownership of. Once you have identified the correct cases and selected them you can search for the new licenses and mortgagees, or add them to our database. You will need to provide evidence of their financial interest.
 

How do I show that my design is registered?

The article, or its packaging, may carry the words "Regd. NZ Design No ...." to prove registration. Note: It is an offence for anyone to falsely claim that they have a registered design.

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 you see as infringing your copyright. If they do not stop, you may have to consider taking legal 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, for example:

• The design was not new and original,
• The design was granted to a person who was not entitled to apply for it.

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

You may request to cancel your design by selecting Cancellation from the Maintain a Design menu and selecting the design you wish to cancel.