Maintain a design

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Maintain a design

Once your design is registered, make sure it doesn’t lapse or expire by keeping the design details up to date through our Maintain a Design and Renew a Design services. You can also make changes in response to an examination report through our online case management facility.

A range of information is held for each design on the New Zealand Designs Register, including ownership details and addresses. If any details of your design registration change, it's important to provide us with updated information, to maintain the accuracy of the Design Register.

Submit all requests online through our Maintain a Design or Renew a Design service.

Renew a design

Protection for a design lasts for a period of five years from its date of registration.

  • For non-convention applications, the date of registration is the filing date of the design application. 
  • For convention applications, the date of registration is the earliest convention priority date of the application.

To extend the protection for a registered design for further contiguous 5 year periods, renewal fees are payable on the 5th and 10th year anniversaries of the date of registration. Protection for a registered design cannot be extended beyond 15 years.

To keep the design in force, you must renew it within six months of its renewal due date. Renewals can only be submitted for designs that have been granted and have not yet lapsed.

Watch out for unsolicited IP services asking you to pay money.

If you are a registered user:

  • log in using your RealMe username and password
  • in your User Inbox, select Designs then Renew Design

If you are a casual user and don't use the site frequently, it's not necessary to be a registered user to renew your design. Go directly to Manage IP, and under the Designs menu, select Renew. If you aren't logged in you'll need to fill in your name and email address.

  1. Use the Search facility to find the designs you wish to renew, and Select these designs from the search results.
  2. Review the selected cases on screen and select Submit. The payment details and options will display.
  3. Choose your method of payment:
    Direct debit (if you are logged in and have a direct debit facility loaded to your account)
    Credit card
    Internet banking.
  4. Include your email address to receive an invoice confirming payment of the renewal fee.

Change of ownership

You may request a change of ownership for a design via our online case management facility.

Your design must be registered in order for you to request a change in its ownership. You will not be able to request a change of owner for an application that is still being examined, has lapsed, been withdrawn, or has expired.

The new owner(s) must have a valid address for service in New Zealand. Owners may designate agents to manage the change in ownership of a design and receive correspondence from us.

To file a change of ownership request, you must have a digital or scanned document that provides evidence supporting the change in ownership. This could be a deed of assignment or a signed company sale/purchase agreement, for example.

  1. Log on as a registered user of the website. See becoming a registered user.
  2. From the left-hand menu of your Inbox, under Design, select Maintain a Design. The Design Change Request(s) page displays.
  3. Under Change Owner, click the Select case(s) for Assignment button. The Search Design case(s) page displays.
  4. Search for and select one or more Designs for which you want to change the ownership. The Record A Change Of Ownership On Design(s) form displays.
  5. Enter your Client Reference.
  6. Select whether you are:
    • The owner (old or new). This option will list you as the new owner of the case. You may change this listing by clicking on the Search button and searching for the correct new owner from our database.
    • Acting on behalf of the owner. This option will allow you to facilitate the transfer of this case to a new owner, and list you as the new agent for this case. You will need to search for the new owner for this design from our database, and provide documentation indicating that you have been authorised to act as the agent for this new owner.
    • Acting on behalf of the owner for this request only. This option will allow you to facilitate the transfer of this case to a new owner, but will not list you as the new agent for this case. You will need to search for the new owner for this design from our database, and provide documentation indicating that you have been authorised to facilitate this transfer. If this case has an existing agent, this agent will be retained, and your documentation should include an agreement between the new owner and this existing agent.
  7. Add your documentary evidence and/or agent authority to support your request, then click the Submit button to complete the form.

Once the change of ownership has been validated by us, you can request for a new certificate of registration that shows the design under the name of the new owner. For more details on this, visit our Regenerate a certificate of registration section.

Change an address and / or name

You can change an address and edit your name online with the Commissioner of Designs. These changes will be recorded against the client's details and not on the IP. You can change the:

  • address for service
  • business or residential address
  • communication address
  • name on the register.

See managing your account.

Change of Licensee / Mortgagee

Registered designs can be licensed through a contract. You are advised to seek legal advice when drafting your contract. We don't assist in the drafting of contracts between parties, nor does we provide forms for the licensing of designs.

You can make an online request to add or remove a licensee or mortgagee from a registered design.

  1. Log on as a registered user of the website. See becoming a registered user.
  2. From the left-hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Click Select case for Change Licensee from the Change or Add Licensee / Mortgagee section. The Search Design case(s) screen displays.
  4. Enter the design case number (application number) into the Case Number(s) field and click Search to display the Request a Change of Licensee / Mortgagee screen associated with that design.
    If you don't know the case number you will have to search for and identify the design from the search result list. See searching designs for how to do this.
  5. Enter your Client Reference.
  6. To add the Licensee(s) and/or Mortgagee(s) for the assigned cases select Search by the Licensee(s) or Mortgagee(s) field. The Search IPONZ Client Database screen displays. Search to find the new Licensee(s) or Mortgagee(s), click the radio button alongside the name, then click Select.
    Note: If you are unable to find the Licensee/Mortgagee by searching the IPONZ database, you can manually add them using the Create New Client ID button.
  7. Upload evidence supporting the agreement(s) by selecting Add in the Documentary Evidence section.
  8. Select Submit. The Design Change Request(s) screen displays and a confirmation Info box appears. Click OK to close the box.

Change or add agent

You can request to add or change an agent for a case through our maintain a design facility. You must provide supporting documentation confirming the agent is authorised to act.

There is no charge for this service.

  1. Log on as a registered user of the website. See becoming a registered user.
  2. From the left-hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Change Agent, click Select case for Change Agent. The Search Design case(s) screen displays.
  4. Search for the design you wish to amend. Once you have identified the correct case, check the radio button and then Select. The Request Change of Agent on Design(s) screen displays with the case(s) listed.
  5. Enter your Client Reference.
  6. Select whether you are replacing the current agent or adding an agent.
    Note: If the new agent is not the same for each of the cases you will need to make a separate request for each case.
  7. To enter the new agent details for the case(s), select Search in the Agents section. You will be taken to the Search Client screen to search for your details. When adding an agent, check Change Contact Details to become the new contact.
  8. Select the Add button in the Documentary Evidence section to upload your Agent Authorisation documentation.
  9. Select Submit to complete your request. The Design Change Request(s) screen displays and a confirmation Info box appears. Click OK to close the box.

What happens next

We'll either accept or refuse your request within 15 working days. You'll receive an email notification.

To remove an agent

If you're already the agent for an IP case you'll be given the additional option to remove yourself as the agent.

Request amendment / alteration

You can make small changes online to a design application or a registered design for the purpose of correction.

  1. Log on as a registered user of the website. See becoming a registered user.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) screen displays.
  3. Under the heading Amendment/Alteration, click Select case for Amendment/Alteration. The Search for Design(s) screen displays.
  4. Search for the design that you wish to amend. Once you have identified the correct case, check the radio button and then Select.
  5. In the Reference field add a reference of your choice.
  6. Make the changes following the on-screen help.
  7. Select Submit. You will return to the Design Change Request(s) screen and a confirmation Info box appears. Click OK to close the box.

Request cancellation

You can make an online request to cancel your registered design at any time.

If your design has licensees or mortgagees you must provide documentary evidence that they have agreed to the cancellation of the design.

Once a design is cancelled, it's not possible to reinstate the design's previous status. All rights attached to the design, conferred through application, will be immediately relinquished.

  1. Log on as a registered user of the website. See becoming a registered user.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Cancellation, click Select case(s) for Cancellation. The Request a Cancellation of Design(s) screen displays.
  4. In the Reference field add a reference of your choice.
  5. Search for the design that you wish to cancel. Once you have identified the correct case, check the radio button and then Select.
  6. Select Add to add evidence of agreement to cancel your design.
  7. Select the tick box to confirm cancellation of your design(s).
  8. Select Submit. You will return to the Design Change Request(s) screen and a confirmation Info box appears. Click OK to close the box.

Change deferred registration date

Prior to registration you may request that the registration of your design be deferred. You can also change the registration deferment date of an application ready for registration. This controls when the application will become formally registered and published on the our website and advertised in the official monthly journal.

  1. Log on as a registered user of the website. See becoming a registered user.
  2. From the left-hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Click Select case for Changing Deferred Registration Date in the Change Deferred Registration Date section to display the Search for Design(s) screen.
  4. Enter the design case number (application number) into the Case Number(s) field and click Search to display the Request a Change of Deferred Registration Date screen associated with that design.
    If you don't know the case number you will have to search for and identify the design from the search result list. See searching designs.
  5. In the Request a Change of Deferred Registration Date screen, enter the number of months (between 0 and 15) in the Deferred Months field, and click Submit. The Design Change Request(s) screen displays and a confirmation Info box appears. Click OK to close the box.
  6. Click Close to return to your Inbox.

Notes:

  • The maximum permitted deferment is 15 months, calculated from the date of submission of the design application in New Zealand.
  • To allow the design application to be registered immediately if it's in order for registration, set the deferment period to 0.
  • Documentary evidence isn't required in order to change the deferment period.

Request division

To request that your application for a design be divided into multiple applications:

  1. Log on as a registered user of the website. See becoming a registered user.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Division, click Select case(s) for Division. The Search for Design(s) screen displays.
  4. Search for the design that you wish to amend. Once you have identified the correct case, check the radio button and then Select.
  5. In the Reference field add a reference of your choice.
  6. Select Add a New Design.
  7. Make any necessary changes to divide the design following the onscreen help.
  8. Select Submit. The fee payment screen displays for you to pay the required fee.
  9. You will return to the Design Change Request(s) screen and a confirmation Info box appears. Click OK to close the box.

Restore a design

If you don't pay your renewal fee within 6 months of the renewal date, your rights to your design will lapse.

If you fail to respond to the "Respond to Examination Report" task within the 12 month + 3 month extension time (15 months from the application filing date) the application will become abandoned.

You can restore a lapsed/abandoned design by:

  • applying for restoration and
  • showing that the failure to pay a renewal fee/respond to the examination report was unintentional.

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

You may request that your lapsed design be returned to the register, or that your abandoned application be returned to "Examination" status and reconsidered.

You must submit your justification for why the Commissioner should consider your request.

To apply for restoration of your lapsed design:

  1. Log on as a registered user of the website. See becoming a registered user.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Restoration, click Select case for Restoration. The Search for Design(s) screen displays.
  4. Search for the design that you wish to amend. Once you have identified the correct case, check the radio button and then Select.
  5. In the Reference field add a reference of your choice.
  6. Make the changes following the on-screen help.
  7. Select Submit. You will return to the Design Change Request(s) screen and a confirmation Info box appears. Click OK to close the box.

Note: You'll need to supply evidence in support of an application for restoration in the form of either a statutory declaration or a sworn affidavit.

Withdraw a design

You may request that your application is withdrawn. Once a design is withdrawn, it's not possible to reinstate the design’s previous status.

  1. Log on as a registered user of the website. See becoming a registered user.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Withdrawal, click Select case(s) for Withdrawal. The Withdraw Design Application(s) screen displays.
  4. Search for the design that you wish to withdraw by selecting Search. Once you have identified the correct case, check the radio button and then Select.
  5. Confirm you wish to withdraw the design(s) by checking the Confirm withdrawal of design(s) tick box.
  6. Select Submit. You will return to the Design Change Request(s) screen and a confirmation Info box appears. Click OK to close the box.

Regenerate a certificate of registration

If you are the owner or the agent for a registered design, you can regenerate its certificate of registration and have the new copy added to your case. This may be useful if your design has recently changed ownership, or has had any updated information that would be reflected in its certificate.

The regenerated certificate of registration will reflect your design as it is currently recorded in the register.

  1. Log on as a registered user of the website. See becoming a registered user.
  2. From the left hand menu of your Inbox, select Design then Maintain a Design. The Design Change Request(s) page displays.
  3. Under the heading Regenerate Registration Certificate, select Select case for Regeneration of Registration Certificate. The Search for Design(s) screen displays.
  4. Search for the design whose certificate you wish to regenerate. Once you have identified the correct case, tick its radio button and then click Select.
  5. Select Submit. You will return to the Design Change Request(s) screen and a confirmation Info box will appear. Click OK to close the box.

A regenerated certificate of registration will be produced and added to the documents for your design case. A corresponding email notification and discussion will then be sent to the user in charge for that case.

Labelling your product design

You can mark the article or its packaging with the unique IP number (eg 'NZ Des. Ap. No. …' or 'NZ Des. No.'). In New Zealand, the application and registration number remain the same, and information like owner details and status can be easily checked with a search of the Design Register.

It is an offence for anyone to falsely claim that they have a registered design.

If your 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 first seeking professional legal advice.

You're responsible for monitoring the way your designs are used and protecting them against infringement. We'll not be able to provide you with assistance if your design copyright is infringed.