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Design Prosecution: Navigating Legal Protection for Your Design in New Zealand Perth

Published date: January 27, 2025
  • Location: Perth, Perth, Perth, Australia

Design prosecution refers to the process of securing legal protection for a design by engaging with the relevant authorities with Intellectual Property Lawyers New Zealand, ensuring compliance with the legal requirements, and undergoing necessary examinations. The process in New Zealand typically follows these steps:




  • Filing the Application: The first step is to file a design application with IP Australia, including representations of the design, a description, and the goods it applies to.




  • Examination: IP Australia assesses the application for originality, distinctiveness, and compliance with regulations.




  • Responding to Office Actions: If the application has issues, the applicant may need to resolve objections through amendments or arguments.




  • Publication and Opposition: Once approved, the design is published, and third parties can oppose the registration if they believe it infringes their rights.




  • Registration and Maintenance: If no opposition is raised, the design is registered and protected for up to 10 years through renewals every five years.




Key Strategies for Success:


 




  • Conduct thorough research to ensure originality.




  • Work with IP professionals to navigate office actions and ensure compliance.




  • Monitor for infringements and actively enforce your design rights.




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