Geographical Indications (Wine and Spirits) Registration Regulations 2017

2017/146

Coat of Arms of New Zealand

Geographical Indications (Wine and Spirits) Registration Regulations 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of June 2017

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 57 of the Geographical Indications (Wine and Spirits) Registration Act 2006 on the advice and with the consent of the Executive Council.

Contents

1Title
2Commencement
3Overview
4Interpretation
5Transitional, savings, and related provisions
6Mandatory requirements for application
7Information required for application to register New Zealand geographical indication
8Additional information required before application accepted
9Information required for application to register foreign geographical indication
10Additional information required before application accepted
11Withdrawal of application
12Correction of application
13Substitution of applicant
14Registrar or court may correct application
15Examination of application
16Acceptance of application
17Applicant must be notified of non-complying application
18Time for response to notice of non-compliance
19Applicant may request extension of time in relation to notice of non-compliance
20Abandonment of application
21Applicant entitled to 1 extension in certain circumstances
22Revocation of acceptance of application
23Registrar must notify applicant of intention to revoke acceptance of application
24Registrar must hold hearing on revocation of acceptance of application
25Rejection of application
26Registrar must notify applicant of intention to reject application
27Registrar must hold hearing on rejection of application
28Opposition to accepted application
29Extension of time for filing notice of opposition
30Counter-statement to notice of opposition
31Opponent’s evidence
32Applicant may file evidence
33Opponent may file evidence in reply
34Registrar’s determination on opposition
35When geographical indication must be registered
36Notice of expiry
37Application to renew registration of geographical indication
38Application to restore expired geographical indication to register
39Opposition to removal proposed by Registrar
40Registrar’s determination on opposition to removal proposed by Registrar
41Application to remove registered geographical indication
42Opposition to application
43Applicant’s evidence
44Opponent may file evidence
45Applicant may file evidence in reply
46Registrar’s determination on opposition to application to remove registered geographical indication
47Opposition to alteration proposed by Registrar
48Registrar’s determination on opposition to alteration proposed by Registrar
49Application to alter registered geographical indication
50Opposition to application
51Applicant’s evidence
52Opponent may file evidence
53Applicant may file evidence in reply
54Registrar’s determination on opposition to application to alter registered geographical indication
55Change to name or address of registrant
56Substitution of registrant
57Registrar must notify decision
58Registrar must give reasons for decision if required
59Registrar may waive requirement for information
60Documents must be in English or Māori
61Content of documents filed in proceeding
62Signatures
63Electronic documents
64How information and documents given to Registrar
65Document filed when received in proper form by Registrar
66Evidence must be sent to relevant parties
67Form of evidence
68Request to amend documents
69Request to amend pleadings
70Notice of address for service
71Notice of email address
72Change of address, etc
73Agent may act on behalf of principal
74Registrar may serve and give notices to agent
75Registrar may require principal to file authority with Registrar in certain cases
76Notice of revocation or alteration of authority given by principal
77Notice of revocation of authority given by agent
78Registrar may require parties to attend case management conference
79Registrar may give directions
80Parties must comply with Registrar’s directions
81Compliance with Registrar’s directions
82Registrar may halt proceeding
83Registrar may consolidate proceedings
84Registrar may extend time
85Application to file evidence out of time
86Evidence restricted to particulars filed
87Form of hearing
88Registrar may determine form of hearings, etc
89Notice of hearing by appearance
90Venue for hearing by appearance
91Conduct of hearing by appearance
92Hearing before exercise of Registrar’s discretion or other power
93Hearing fee
94Amount of fees
95Registrar may refuse to take step before fee paid
96Invoice for fees
97Time for payment
98Extension of time for payment
99Form of payment
100Payment of fees
101Currency
Explanatory note
Administrative Information