Protecting your designs internationally
You can register your designs in multiple countries to extend your protection to the places that matter to your business.
You have 6 months from filing a design application to apply for the same design in other countries. Your first application for the design can be used as a base for your later applications in other countries.
Registering your New Zealand design in other countries
If you have already applied to register your design in New Zealand, you can apply for the same design in other countries.
When you apply in other countries you may need to provide a certified copy of your New Zealand application. You can request a certified copy of your New Zealand design application using our case management system.
Each country has its own laws and requirements for registering designs. We are not able to assist you with your applications in other countries. You may want to engage the services of a local attorney who has knowledge of the requirements of that country. Be aware that there will be a timeframe within which overseas applications must be made after you file your New Zealand design application, which is typically 6 months, but you will need to check this with your attorney for each country where you wish to seek protection.
Registering your international design in New Zealand
If you have already applied to register your design in another country that is on our list of ‘convention countries’, you can apply for the same design in New Zealand and claim the priority date from that first application.
List of convention countries for designs – New Zealand Legislation
To claim the priority date from your application in another country you must:
- provide a certified copy of the application from the intellectual property office where it was first filed. (It is not sufficient to provide a copy of the registration certificate.)
- provide a verified translation of the first application if it is not in English, including a verified translation of the certification.
- apply within 6 months of the first application.
The certified copy and translation can be provided during examination of your New Zealand application.
It is possible to request an extension to the 6 months deadline, under section 37A of the Designs Act 1953. To request an extension, please email mail@iponz.govt.nz with details of your application and why an extension is required. Requests will be considered at the Commissioner’s discretion.
The extension is likely to be refused if you have:
- not allowed sufficient time margin for delivery of documents or information
- failed to act with due diligence and prudence regarding not meeting the deadline
- had undue delay in making the application, requesting the extension or in prosecuting the application.