Overview of the legal framework

New Zealand’s IP law aims at modernisation and alignment with international standards, and the main statutes include:

• Patents Act (Patents Act 2013)

• Trade Marks Act (Trade Marks Act 2002)

• Designs Act (Designs Act 1953, under review)

• Copyright Act (Copyright Act 1994)

• Plant Variety Rights Act (Plant Variety Rights Act 2022)

The competent authority is IPONZ, which is part of the Ministry of Business, Innovation and Employment (MBIE).
New Zealand is a member of WIPO, the PCT, the Madrid System, the Hague Agreement, the Paris Convention and TRIPS.

International cooperation and system alignment

• New Zealand is a member of WIPO, the PCT, the Madrid System and the Paris Convention;

• Implements the Trans-Tasman IP Cooperation Agreement with Australia, with mutual recognition of parts of the examination process;

• Supports the PPH and international data sharing;

• IPONZ provides a unified online platform (eServices) covering all filings and opposition procedures.

Trademark system

Filing routes

• Applications can be filed directly with IPONZ;

• Or designate New Zealand via the Madrid Protocol.

Classification standard

• Applies the Nice Classification;

• Both single-class and multi-class applications are accepted.

Examination procedure

• Formality examination: around 5 days;

• Substantive examination: around 2–3 months;

• Opposition period: 3 months from the date of publication.

Use and renewal

• Registration term: 10 years, renewable indefinitely;

• Non-use for a continuous period of 3 years may result in cancellation.

Examination features

• Examination language: English;

• Focuses on distinctiveness and conflicts with earlier rights;

• Opposition, cancellation and review procedures are all conducted online;

• Examination is coordinated with IP Australia under the Trans-Tasman IP Cooperation framework.

Patent system

Types of protection and term

• Invention patents (Standard Patent): 20 years from the filing date;

• No utility model system.

Examination system

• Substantive examination system;

• A request for examination must be filed within 5 years from the filing date;

• Average examination period: 24–30 months;

• Publication normally occurs 18 months after filing.

International routes

• New Zealand is a PCT contracting state; national phase entry is available via the PCT;

• Participates in the Patent Prosecution Highway (PPH) with Australia, the United States, Japan, Korea and other offices.

System features

• Applies the first-to-file principle;

• Supports divisional applications and priority claims;

• Examination language: English;

• Annual renewal fee regime, with the possibility of restoration after late payment.

Design protection

Legal basis

• Designs Act (Designs Act 1953);

• The government has launched a reform process to align with the Hague Agreement.

Scope of protection

• The shape, configuration, pattern, ornamentation and their combinations in a product;

• Applicable to industrial products and consumer product designs.

Term of protection

• 5 years from the date of registration, renewable twice, up to a maximum of 15 years.

Examination procedure

• Only formality examination is carried out (no substantive examination of novelty);

• Examination period: around 3–6 months;

• Examination language: English.

System features

• Registered designs have unitary effect throughout New Zealand;

• Multiple designs can be combined in a single application;

• Cooperative and mutual recognition arrangements are in place with Australia;

• Plans to accede to the Hague Agreement, with the aim of enabling international design registrations.