Maintain a proceeding case

• Navigating around the proceedings case
• Respond to a request from the Hearings Office
• Filing a proceeding document that has not been requested
• Recording yourself as an agent for the owner in a proceeding case

Navigating around the proceedings case

You can navigate to a Proceeding Case file by clicking on a link from search results, on a task, or in a discussion.

The bibliographical screen shows the core information:

• Name of applicant/owner for the IP
• Name of proceeding applicant
• Agents for the parties
• IP number that the proceeding is against (with a link to the IP case)
• A Hearing date, if one has been set.
• The date a proceeding is halted until, if the proceeding has been halted.
• The current status of the proceedings case.

As the proceeding progresses, two further tabs will be shown:

• Documents - All documents on the proceeding where the Office has determined that the document is not confidential to one party.
• History - All actions that have happened on the proceeding.

Respond to a request from the Hearings Office

When the Hearings Office requests a document and/or evidence in a proceeding you will receive a task in your user inbox. The due date to file the document and/or evidence is shown on the right hand side.

Select the task name to open the task. You will then be able to upload your document and/or evidence.

If you wish to submit a different piece of documentation, such as an extension of time, update the document type heading using the drop down options at the top of the screen and submit it in the same way.

If a task deadline is missed:

• The task is withdrawn from your inbox.
• IPONZ will then administer the proceeding in accordance with the consequences of missing that deadline as set out in the relevant legislation.

Filing a proceeding document that has not been requested

It is important that you upload your documents by responding to a task wherever possible to avoid the consequences of having not responded to the task by the deadline. In those rare circumstances where you don’t already have a task to respond to you can select the option to ‘File Proceeding Document’ from the left hand side navigation bar to upload your document.

For example to:

• file consent to an extension of time or halt in the proceeding
• file an application to admit late evidence
• to advise IPONZ of other information that is relevant to the proceeding

Note: you should not use this option if you already have a task for the proceeding in your inbox.

Select File Proceeding Document option from the Proceeding menu
 

Search for and select the proceeding case you wish to file against. Then select Add to upload your document.

Select the document type heading from the dropdown menu that best describes your document.

Then select your document by clicking the Select Files button. Once it has finished downloading click Continue in the bottom right hand corner of the screen to move back to the main form. You can upload multiple documents of each type.

Once you have uploaded the required document(s), click Submit.

Recording yourself as an agent for the owner in a proceeding case

If you wish to represent the owner in a proceeding you must first add yourself as the agent for the IP case so you can access the linked proceeding case, which gets assigned its own unique case number. Only then will you be able to access the tasks and discussions for the proceedings case.

Start by selecting the appropriate division heading in the left hand navigation bar. In the example shown - trade marks. Select the Maintain option then select Change Agent. You will then be prompted to search for the IP case that you wish to be recorded as the agent. Once you have selected the IP case you will be taken to the Request Change Of Agent screen below.
 

If there is no agent on record for the IP case, select the option Replace current Agent(s) to current Agent(s). Click Search in the Agent Details field to find and submit yourself as the new agent.

If, however, the existing agent on record has asked you to act for the owner in just the proceeding case then to remove yourself as an agent once the proceeding is finished, you will need to select the option Add selected Agent(s) to current Agent(s) to add yourself as a second agent on the IP case. Click search in the Agent Details field to find and submit yourself as the second agent on record.

It is important that under the Agent Details field you select the option Change Contact Details. Only by entering yourself as the new contact for the IP case will you be given access to the related proceeding case and have access to the tasks and discussions in your inbox.

When the proceeding is over you will need to go through the same process to Request Change of Agent, although this time you will need to remove yourself as the second agent. The original agent will then default to the case contact.