The updates aim to ensure that costs awards are set at an appropriate level
The Intellectual Property Office of New Zealand (IPONZ) has advised that new schedules of costs for trademark and patent hearings are to take effect by 1 February.
The changes come after the IPONZ Hearings Office reviewed and consulted on proceeding costs schedules for trademarks and patents. The review was made between agency’s hearings office, hearings technical focus group, and assistant commissioners, as well as a wider consultation.
IPONZ said that the updates are intended to ensure that costs awards are set at an appropriate level and reflect the cost differences between trademark and patent proceedings. Costs awards still follow the standard practices and principles set by the agency.
IPONZ also said that the commissioner may award costs deemed reasonable to a party. Standard practice is for the commissioner to order the unsuccessful party in proceedings to pay costs to the successful party, in accordance with a schedule of costs.
The new costs schedules will apply to proceedings filed from 1 February.