Appearance of Commissioner

159 Commissioner’s appearance in certain proceedings

(1)

In any legal proceedings in which the relief sought includes alteration or rectification of the register, or alteration, revocation, or invalidity of a registered trade mark, the Commissioner—

(a)

has the right to appear and be heard; and

(b)

must appear if directed by the court.

(2)

Instead of appearing in person, the Commissioner may, unless otherwise directed by the court, give the court a written statement—

(a)

of the following particulars that are within the Commissioner’s knowledge:

(i)

the issues:

(ii)

the grounds of any decision given by him or her:

(iii)

the practice of the Intellectual Property Office of New Zealand in similar cases:

(iv)

any other matters that are relevant to the issues; and

(b)

that is signed by the Commissioner.

(3)

The Commissioner’s written statement forms part of the evidence in the proceeding.

Compare: 1953 No 66 s 64

Section 159(2)(a)(iii): amended, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).