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Design FAQs
A design registration protects the unique appearance of your product and can be integral to the success of your business.
What counts as a design?
Designs are intellectual property rights that can be used to protect new features in the way an article looks, for example, features of its shape, configuration, pattern or ornamentation. Methods of constructing a design are not registerable.
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The article may be manufactured in three-dimensions, although some two dimensional items such as textiles can also be registered as designs. For a New Zealand design to be granted that design must be novel. The application to register the design must be lodged before the design is used or shown to other people.
Resources
Search for existing designs through IPONZ
Do I need to register my design?
You don’t need to register your design. There are alternative routes like going through copyright protection, however this can be more complex and harder to prove. A certificate of design registration is an easier way to resolve any potential infringements that may arise.
What rights does registering my design give me?
A design registration can be kept if force for a period of time up to 15 years. During this time the registered proprietor of the design has the exclusive right in New Zealand to make, import, sell, hire or offer sale or hire any article in respect of which the design is registered.
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What do I need to apply for a design?
Your design must not have been previously used or communicated to other people before registration. You will also need representations of the drawings, which are pictures/drawings that display the perspective, front, back, sides, top and bottom of the designs. You will need to identify the article the design is being applied to using a plain noun, and provide a statement about the novel nature of the design. If you're having trouble with this process, it may be beneficial to contact a patent attorney to assist you with your application.
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Is my design protected overseas if I have an NZ registration?
Your design is only protected in New Zealand with your New Zealand registration. In order to protect it elsewhere, you need to file an application in each country you wish to have protection in.
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You can use the date of filing in New Zealand as a priority date for registrations in other countries.
