Assistant Commissioner/Hearings Officer (Trade Marks)

Tēnei tūranga – About the role

The purpose of the Assistant Commissioner/Hearings Officer role is the hearing of cases under the Trade Marks Act 2002 and associated regulations, and the issuing of formal written decisions. The Assistant Commissioner/Hearings Officer will also be required to hear cases under the Designs Act 1953 and Geographical Indications (Wine and Spirits) Registration Act 2006.

The cases relate, primarily, to procedural matters under any of the respective Acts and Regulations, and substantive matters concerning the registrability of intellectual property rights and opposition, revocation or cancellation of these rights.

Ngā herenga – Requirements of the role

Personal specifications

• Seasoned professional with extensive knowledge and decision-making experience in relation to Trade Marks. At least 10 years of experience is desirable.
• Knowledge across other Intellectual Property types (Designs, Geographical Indications and Copyright desirable).
• An extensive knowledge of hearings practices and processes, including case management experience.
• Proven understanding of the entire spectrum of Trade Mark practice and other relevant legislation (i.e. the Oaths and Declarations Act, Evidence Act, and consumer protection legislation).
• A deep understanding of contentious litigation practice including the formal rules of evidence, High Court processes and rules, principles of natural justice, cross examination, and general hearings procedure.
• The ability to interpret case law, apply precedent from High Court, Court of Appeal and Supreme Court decisions and use it to inform decisions.
• Strong communication skills and capable of expressing thoughts, information and ideas in a clear, concise and appropriate manner. Ability to convey complex issues in plain English.
• Being able to establish and maintain the confidence of parties and/or their representatives to ensure confidence in IPONZ Hearings Office decisions.
• Knowledge and awareness of alternative dispute resolution.
• Ability to work under high pressure with strong advocates (senior IP lawyers and QC’s) who are acting on behalf of clients with competing interests in respect of high value property rights. Must be able to do so within the boundaries of existing legislation, procedures and precedents.
• In depth understanding of the judicial system, the High Court rules of evidence under which IPONZ proceedings are run, and pleadings requirements.
• Strong time management skills.
• Committed to personal development and understands that different situations and levels may call for different skills and approaches.
• A relevant tertiary qualification in law.
• Must have the legal right to live and work in New Zealand.
• All employees are required to comply with MBIE's vaccination policy which seeks to protect the wellbeing, health and safety of our people, their whānau and the community. You are required to hold a valid vaccination pass to be employed at MBIE.

Takohanga tuhinga o mua – Key accountabilities and deliverables

Critical Areas of Success

• The Assistant Commissioner/Hearings Officer (Trade Marks) will be required to deliver results in the following areas:
  • Conducting hearings (written and/or in person) under the Trade Marks Act 2002 and associated regulations. This may include:
  • Considering all the materials and documentation filed in a proceeding.
  • Assessing expert evidence.
  • Conducting oral evidence.
  • Cross-examination of witnesses.
  • Preparing and issuing written decisions with the knowledge that the decision is publicly available and appealable to the High Court.
• Conducting hearings under the Designs Act 1953 and the Geographical Indications (Wine and Spirits) Registration Act 2006 as required.
• Supports the Commissioner of Trade Marks, the Commissioner of Designs and the Registrar of Geographical Indications in ensuring proceedings are conducted in a fair, efficient and cost effective manner.
• Working closely with the National Manager, Hearings Manager, Principal Hearings Case Officer and other Assistant Commissioners to resolve complex hearings issues.
• Conducting case management conferences and giving directions, where applicable.
• Making orders relating to the production of documents, if appropriate.
• Developing a body of IP case law that will inform future decision making.
• Managing complex proceedings through formal case management procedures.
• Promoting and encouraging alternative dispute resolution.
• Maintaining an in-depth knowledge of relevant IP case law and uses it to resolve complex IPONZ proceedings issues, and to inform practice changes both in the Hearings Office and across examination teams.
• Providing expert strategic advice to inform policy development and legislative reform.
• Conducting relevant legal research from a variety of sources to resolve issues.
• Maintaining the integrity of hearings procedures and approaches.
• Contributing to IPONZ’s alternative dispute resolution strategy.
• Actively promote and support the provision of IPONZ hearings in accordance with tikanga Māori.
• Support IPONZ Hearing Office practice and procedures, and to help draft practice guidelines.

Relationship Management

• Proactively establishes and maintains effective working relationships with key stakeholders including other functional leaders. Actively builds and manages a network of key stakeholders.
• Leads any engagement programme(s) with identified influencers and key clients.
• Demonstrates an understanding of, and focus on, meeting customer needs, and actively looks for opportunities and synergies with internal and external stakeholders.
• Develops effective working relationships with other MBIE managers and staff in order to transfer knowledge and learning to the team and wider organisation.

Personal Leadership

• Understands the work of colleagues and demonstrates sound influencing skills in an advisory/coaching role enabling improved stakeholder engagement outcomes.
• Demonstrates leadership through effective management of issue resolution and reactive communications planning when necessary.
• Creates a sense of vision, engages and motivates people to participate and make things happen.
• Participates as an active team member and contributes knowledge and expertise needed to achieve MBIE’s outcomes.

Wellbeing, health & safety

• Displays commitment through actively supporting all safety and wellbeing initiatives.
• Ensures own and others safety at all times.
• Complies with relevant safety and wellbeing policies, procedures, safe systems of work and event reporting.
• Reports all incidents/accidents, including near misses in a timely fashion.
• Is involved in health and safety through participation and consultation.

Tō tūranga i roto i te Manatū – Your place in the Ministry

The Assistant Commissioner/Hearings Officer (Trade Marks) position reports into the Hearings Manager, Intellectual Property of New Zealand, within the Business & Consumer branch. The branch sits within the Te Whakatairanga Service Delivery group.

More information about MBIE's structure

To mātou aronga – What we do for Aotearoa New Zealand

Hīkina Whakatutuki is the te reo Māori name for the Ministry of Business, Innovation and Employment. Hīkina means to uplift. Whakatutuki means to move forward, to make successful. Our name speaks to our purpose, Grow Aotearoa New Zealand for All.

To Grow Aotearoa New Zealand for All, we put people at the heart of our mahi. Based on the principles of Te Tiriti o Waitangi / The Treaty of Waitangi, we are committed to upholding authentic partnerships with Māori.

As agile public service leaders, we use our breadth and experience to navigate the ever-changing world. We are service providers, policy makers, investors and regulators. We engage with diverse communities, businesses and regions. Our work touches on the daily lives of New Zealanders. We grow opportunities (Puāwai), guard and protect (Kaihāpai) and innovate and navigate towards a better future (Auaha).

Ngā matatau – Our competencies

Cultivates innovation We create new and better ways for the organisation to be successful by challenging the status quo generating new and creative ideas and translating them into workable solutions.

Nimble learning We are curious and actively learn through experimentation when tackling new problems by learning as we go when facing new situations and challenges.

Customer focus We build strong customer relationships and deliver customer-centric solutions by listening and gaining insights into the needs of the communities we serve and actively seeking and responding to feedback.

Decision quality We make quality and timely decisions that shape the future for our communities and keep the organisation moving forward by relying on an appropriate mix of analysis, wisdom, experience, and judgement to make valid and reliable decisions.

Action oriented We step up, taking on new opportunities and tough challenges with purpose, urgency and discipline by taking responsibility, ownership and action on challenges, and being accountable for the results.

Collaborates We connect, working together to build partnerships with our communities, working collaboratively to meet shared objectives by gaining trust and support of others; actively seeking the views, experiences, and opinions of others and by working co-operatively with others across MBIE, the public sector and external stakeholder groups.

Te Tiriti o Waitangi

As an agency of the public service, MBIE has a responsibility to contribute to the Crown meeting its obligations under Te Tiriti o Waitangi (Te Tiriti). Meeting our commitment to Te Tiriti will contribute towards us realising the overall aims of Te Ara Amiorangi – Our Path, Our Direction, and achieve the outcome of Growing New Zealand for All. The principles of Te Tiriti - including partnership, good faith, and active protection – are at the core of our work. MBIE is committed to delivering on our obligations as a Treaty partner with authenticity and integrity and to enable Māori interests. We are committed to ensuring that MBIE is well placed to meet our obligations under the Public Service Act 2020 (Te Ao Tūmatanui) to support the Crown in strengthening the Māori/Crown Relationship under the Treaty and to build MBIE’s capability, capacity and cultural intelligence to deliver this.

Mahi i roto i te Ratonga Tūmatanui – Working in the public service

Ka mahitahi mātou o te ratonga tūmatanui kia hei painga mō ngā tāngata o Aotearoa i āianei, ā, hei ngā rā ki tua hoki. He kawenga tino whaitake tā mātou hei tautoko i te Karauna i runga i āna hononga ki a ngāi Māori i raro i te Tiriti o Waitangi. Ka tautoko mātou i te kāwanatanga manapori. Ka whakakotahingia mātou e te wairua whakarato ki ō mātou hapori, ā, e arahina ana mātou e ngā mātāpono me ngā tikanga matua o te ratonga tūmatanui i roto i ā mātou mahi.

In the public service we work collectively to make a meaningful difference for New Zealanders now and in the future. We have an important role in supporting the Crown in its relationships with Māori under the Treaty of Waitangi. We support democratic government. We are unified by a spirit of service to our communities and guided by the core principles and values of the public service in our work.

What does it mean to work in Aotearoa New Zealand’s Public Service?(external link) — Te Kawa Mataaho The Public Service Commission