Registered Design Protection in New Zealand
[ Last Updated 18 February 2008 ]
Contents
Please read the Ministry's disclaimer notice.
What Is a Registered Design?
In New Zealand, protection is provided to designs through the Designs Act 1953 ("the Act"). A registered design is used to protect the external appearance of a manufactured article, rather than the article itself.
The New Zealand register of design is administered by IPONZ. Read more about the Design on the IPONZ website.
International Registered Design Law
As a Member of the World Trade Organisation (WTO), New Zealand is a party to the Agreement on the Trade-Related Aspects of Intellectual Property Rights 1994 (the TRIPS Agreement). Article 25 (1) of TRIPS requires WTO Members to "provide for the protection of independently created industrial designs that are new or original".
What Qualifies for Registered Design Protection?
The term "design" is defined in section 2 of the Act. This definition contains identifies the characteristics required for registered design protection. The design must:
- Consist of "features of shape, configuration, pattern or ornament";
- Be applied to an article by any industrial process or means;
- Have features, which in the finished article, appeal to and are judged solely by the eye;
- Not be purely functional;
- Not relate to a method or principle of construction;
- Be new or original.
A registered design is used to protect the external appearance of a manufactured article, rather than the article itself. For example, a registered design would not be granted for designing a fork, as this would prevent everyone else from making forks. However, the shape of a fork, or a particular pattern applied to a fork, may be registered as a design.
Design / Copyright Overlap
In New Zealand, designers have tended to rely more on copyright protection under the Copyright Act 1994 than on registering designs under the Act. This means that a large number of designs in New Zealand are protected solely by copyright. Copyright protection provides a number of advantages over registered design protection including:
- There is no requirement to register copyright, therefore protection is automatic and immediate;
- There is no cost in obtaining protection;
- Copyright protection lasts for a longer period than design protection.
Registered design protection, however, does have some advantages over copyright, including:
- In some countries industrial designs are not protected by copyright meaning that unregistered designs may not have protection overseas;
- The Certificate of Registration serves as evidence in Court of ownership of the design;
- The number of a registered design may be applied to the product or packaging indicating that the design is protected;
- The filing date of a New Zealand design application may be used to establish priority for any overseas design applications;
- The statutory monopoly to use a design in New Zealand (and overseas if applications for protection in other countries are made) for the period of protection; and
- The costs of obtaining registered design protection are not high (see How Much Does It Cost? below).
What Does Not Qualify for Registered Design Protection?
Where the design of an article is entirely a result of its function or it protects a method or principle of construction, it is not eligible for registration.
Rights Conferred by Registered Design Protection
The grant of registered design protection provides the owner with the exclusive right in New Zealand to import for sale, use in trade, sell, hire or offer for sale or hire, any article in respect of which the design is registered.
How Long Does Registered Design Protection Last?
A design is initially registered for five years. Renewal fees are charged at five years and ten years from the application date. The full term of fifteen years cannot be extended.
How Do You Protect Your Design?
To be granted registered design protection, the applicant is required to submit an application and pay the required fee. In New Zealand, the Intellectual Property Office of New Zealand (IPONZ) is the government agency responsible for the registration of designs.
Apply online at IPONZ.
How Much Does It Cost?
The fees for obtaining registered design protection are subject to change. The current fees can be viewed on the IPONZ website. Click here to see the fees.
Read more on how to check for existing designs on the IPONZ website.
Registered Design Protection Overseas
Each country has different laws regarding registered design protection. In order to obtain protection in countries other than New Zealand, it will be necessary to make separate applications in the countries in which protection for the design is required.
It is also important to note that copyright may automatically subsist in any design drawings.
Further Information
Contact Details
Applying for Design Protection
More Detailed Information
IPONZ have also prepared a more detailed pamphlet on registered design protection. Please see Design.
Legal Advice
The Ministry of Economic Development is not able to provide legal advice. If you have concerns about your legal position, please contact a legal professional familiar with the law relating to intellectual property. You can search for an intellectual property lawyer in the following places:
- in the Yellow Pages;
- on the website of the New Zealand Law Society where you can find the district law society nearest you. The district law society may be able to assist you in finding a legal professional; or
- you can view the list of New Zealand registered patent attorneys on the IPONZ website.
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