Hearings

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Intellectual Property Office of New Zealand

Hearings

The role of the IPONZ Hearings Office

The IPONZ Hearings Office is a specialist tribunal that is responsible for administering proceedings under the Geographical Indications Registration Act 2006 in a fair, efficient and cost-effective manner.

Hearings or proceedings relating to New Zealand and foreign geographical indications (GIs) can include:

  • an opposition to an accepted application to register a GI
  • an opposition to alteration of a GI proposed by Registrar
  • an application by an interested person to alter a registered GI
  • an opposition to an application by an interested person to alter a registered GI
  • an opposition to removal of a GI proposed by Registrar
  • an application by an interested person to remove a registered GI
  • an opposition to an application by an interested person to remove a registered GI
  • a hearing on the exercise of the Registrar’s discretion, including a decision to refuse a GI application for registration.

Hearings or proceedings relating to New Zealand – European Union Free Trade Agreement GIs (EU FTA GIs) can include:

  • an opposition to registration of an EU FTA GI
  • an opposition to a change to the registration of an EU FTA GI.

Fees

Fees apply to hearings and proceedings.

Geographical indications fees

How to request a hearing/file a proceeding

  1. Go to the GI register.
  2. Find the relevant GI (using filters as needed).
  3. Click View full details to open the details page.
  4. Scroll to the bottom of the page.
  5. Under the heading Request a hearing or file a proceeding, select the relevant option.
  6. Complete the online form, attach your supporting documentation and submit your request.

Geographical Indications register

Using the Geographical Indications register

Hearings Office neutrality

The Hearings Office must maintain its neutrality at all times, and can’t provide parties with any legal advice. If you’re not familiar with this area of work, we recommend that you consider obtaining professional assistance from a registered patent attorney, or a lawyer experienced in contentious IP matters.

What happens next

New Zealand GIs or foreign GIs proceedings

Once the evidential stages of a proceeding are complete, the case will be passed to a Hearings Officer, who will hear both parties before issuing a formal written decision.

This decision will normally include an award of costs to the successful party. It’s therefore important that parties be mindful of the possibility of a costs order being made against them before deciding to initiate, or defend, proceedings.

In most cases, costs are awarded in accordance with the following schedule of costs. However, when a party’s conduct warrants it, the Registrar may depart from the standard schedule of costs. The schedule of costs is not intended to reflect the ‘actual costs’ of the parties.

EU FTA GIs proceedings

A party may file an opposition to the registration (or change to the registration) of an EU FTA GI within three months of the date of public notification. This will usually be the date when the EU FTA GI is added to the register, or the date when the change is made to the register entry.

We are currently finalising our processes for EU FTA GI proceedings, and will advise on these as soon as possible.

Scale of costs for New Zealand and foreign GI proceedings

Step in proceeding Costs award
Preparing and filing Notice of Opposition/Application for Removal or Alteration+ $700
Preparing and filing counter-statement* $300
Preparing and filing Opponent’s evidence of use of its mark under regulation 42(1)(b) (if removal application grounds are disuse)* $600
Preparing and filing Opponent’s/Applicant for removal or alteration’s evidence+ $1,200
Receiving and perusing Opponent’s/Applicant for removal or alteration’s evidence* $500
For preparing and filing GI Applicant’s/Owner’s evidence* $1,200
Receiving and perusing GI Applicant’s/Owner’s evidence+ $500
For preparing and filing Opponent’s/Applicant for removal or alteration’s evidence strictly in reply+ $500
Receiving and perusing Opponent’s/Applicant for removal or alteration’s evidence strictly in reply* $200
Preparation of case for hearing+* $800
Attendance at hearing by counsel+* $200 per hour
Or
$1,210 per day

 

Disbursement Costs
An Opponent may expect to be awarded its notice of opposition fee+ $700
An Applicant for removal/alteration may expected to be awarded its application for removal/alteration fee+ $1,000
Hearing fee will be awarded to the successful party+* $1,700
Preparing bundle of documents $150

 

Notes:
+ Awards to an initiating party.
* Awards to defending party.

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