Associate Hearings Case Officer – IPONZ

Tēnei tūranga – About the role

The Associate Hearings Case Officer role is part of the IPONZ’s structured hearings case officer training programme. Trainees are expected to complete their training in this role, and progress to being a fully competent Hearings Case Officer within 18 to 24 months.

Associate Hearings Case Officers train and work under supervision as they build their skills in the role. Associates are actively mentored and coached as they develop their knowledge, skills, and experience.

Under IPONZ’s Hearings Case Officer Training Programme, an Associate Hearings Case Officer has the option to apply for progression to become a Hearings Case Officer in the IPONZ progression rounds held in April and October each year. Provided they meet the necessary criteria and competencies they will be promoted to Hearings Case Officer.

The IPONZ Hearings Office is a quasi-judicial Tribunal that is critical to the overall effectiveness of the intellectual property legislative frameworks in New Zealand for patents, trademarks, designs, plant variety rights and geographical indications.

• The IPONZ Hearings Office provides an efficient, cost effective, and high-quality hearings service to help parties resolve complex intellectual property (IP) disputes involving patents, trademarks designs, plant variety rights and geographical indications. Cases are heard by independent specialist IP decision makers (IPONZ Assistant Commissioners/Hearings Officer) and the formal rules of evidence and formal pleadings requirements apply. Hearings Tribunal decisions are appealable directly to the High Court. The service helps parties resolve their IP disputes so they can make important decisions about commercialising their IP rights to help grow New Zealand for all. The Associate Hearings Case Officer is expected to contribute to a wide range of hearings work in the following areas:
  • Examination proceedings where an applicant has challenged a decision by IPONZ to refuse an application to register an Intellectual Property (IP) right.
  • Hearings on the exercise of the Commissioner’s discretionary powers under relevant IP legislation – such as a refusal by the IPONZ Hearings Office to admit a party’s late evidence or amended pleadings, or IPONZ examination teams refusing or accepting various applications and/or requests under relevant IP legislation.
  • Fully contested inter-parties’ proceedings, including third party oppositions, or applications to revoke or invalidate granted IP rights.
  • Case management conferences.
• The Associate Hearings Case Officer is expected to contribute to statutory and regulatory compliance pursuant to:
  • Relevant patent, trademarks, design, plant variety rights and geographical indications legislation.
  • IPONZ Hearings Office practice and procedure.
  • Rules of evidence under the Evidence Act.
  • IPONZ business rules and policies.
  • Case law and international treaties.
  • Principles of natural justice.

Ngā herenga – Requirements of the role

Personal specifications

• Analytical and conceptual thinking ability.
• The ability to recognise when more information is required before a sound decision can be made.
• Knowing when to seek guidance or help.
• Excellent Plain English writing skills.
• Strong communicator capable of expressing thoughts, information, and ideas in a simple, concise, and appropriate manner.
• Ability to use time effectively and efficiently and to complete tasks within agreed timeframes.
• Able to focus on detail and understands its importance in the context of work to be performed.
• Strong organisational and IT skills.
• Ability to remain calm under pressure.
• Recognises need for effective collaboration with colleagues and stakeholders.
• The ability to resist pressure from strong advocates (IP lawyers and patent attorneys) who are acting on behalf of clients with competing interests in respect of high value property rights.
• Excellent relationship management skills and capable of working with clients who may be under stress.
• The ability to fit in a team environment and become a valuable team member.
• Relevant tertiary qualification (for example law) or alternatively experience in a litigation environment is required.
• Must have the legal right to live and work in New Zealand
• The health, safety and wellbeing of our people is important.

Takohanga tuhinga o mua – Key accountabilities and deliverables

Critical areas of success

• Supervised work on trademark proceedings cases, including assessing pleadings, formal evidence, and submissions to ensure compliance with all legal and technical requirements under relevant IP legislation, hearings practice guidelines, and the formal rules of evidence.
• Assessing compliance of a broad range of applications and or requests made under relevant IP legislation during hearings proceedings.
• Drafting correspondence clearly setting out the Office’s position with respect to any legal or procedural issues and/or exercising powers of the Commissioner, where necessary, to manage the case.
• Liaise and communicate with a range of external stakeholders including parties to proceedings, their legal counsel, and the public to provide information regarding the hearings process.
• Demonstrates a developing knowledge of Patent, Trade Mark, Designs, Plant Variety Rights, and Geographical Indications law.
• Demonstrates a developing knowledge of the formal rules of evidence and pleadings requirements.
• Supervised work handling extension requests and applications to halt proceedings.
• All work is completed accurately and on time to meet business objectives.
• Learning how to use the formal case management provisions within IP legislation and other early intervention methods to make sure proceedings run smoothly.
• Scheduling and attending hearings as the support officer, including the formal introduction of the hearing, as well as collating authorities, exhibits, and any other relevant hearing materials or resources for use by the Assistant Commissioner/Hearings Officer for a variety of different hearings.

Workload management

• Can prioritise own work queue to meet hearings team business objectives.
• Identifies risks and barriers to completion, escalates these appropriately to the Team Leader Hearings and/or senior hearings team colleagues.
• Communicate with the Team Leader Hearings when conflicting deadlines are compromising delivery.

Statutory obligations

• Assists the hearings team to discharge statutory responsibilities and statutory delegations appropriately and effectively.
• Works to ensure the requirements of the Intellectual Property Acts and Regulations IPONZ administers, High Court Rules, formal rules of evidence and cross-examination are appropriately and effectively met.
• Client feedback is positive about the quality, capability, and integrity of the hearings team.
• Successful challenges to the exercise of delegated powers by the hearings team staff are rare and/or not upheld based on error.

Supporting capability and development positive contribution to the IPONZ Hearings Office and broader IPONZ business

• Works co-operatively and effectively with others towards achieving hearings team business objectives and broader IPONZ goals.
• Participates in team discussions.
• Contributes effectively to the team’s on-going development of Hearings Office practice and processes.

Operational commitment and public service role model the standards of Integrity and Conduct for the State Services

• Contributes to the development of, and helps promote and builds commitment to MBIE’s vision, mission, values, and services.
• Willingly undertakes any duty required within the context of the position.
• Complies with all legislative requirements and good employer obligations.

Self management

• Models’ positive behaviours.
• Models the desired values and culture of the organisation.
• Acts with honesty and integrity.
• Seeks feedback on own performance.
• Welcomes feedback and is receptive to input from others.

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 Associate Hearings Case Officer position reports to the Team Leader Hearings within IPONZ, in 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