Independent Examiner
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Tēnei tūranga – About the role
The examination of applications for trade marks through the application of relevant legislation (the Trade Marks Act 2002 and Trade mark Regulations 2003), practice and policies, case law and international treaties to determine the registrability of the trade mark.
Ngā herenga – Requirements of the role
Personal specifications
- Has successfully progressed from Associate 2 after displaying competencies as outlined in the IPONZ progression framework, or has recent experience examining trade marks in New Zealand or a comparable jurisdiction.
- Is bright and intelligent; deals with complex concepts comfortably, described as intellectually sharp, capable and agile. Picks up on technical things quickly; can learn new skills and knowledge
- Basic knowledge of trade marks legislation, case law and practice
- Ability to apply legislation and develop sound reasoning based on interpretation of case law, policy and practice
- Knows how businesses work; knowledgeable about current and future possibilities, practices and trends and how these affect organisations
- Able to gather relevant information and identify key issues as a means of assessing problems and risks; relating and comparing data from different sources, identifying simple cause and effect relationships
- Able to verbally express thoughts, information and ideas in a clear, appropriate manner. Establishes a connection and affinity with others easily and quickly; demonstrating interpersonal sensitivity
- Is able to write clearly and succinctly in an established communication style
- Is able to organise own time and resource to complete tasks, is able to ascertain what is critical and what is trivial
- Is personally committed to and actively works to improve self; understands that different situations and levels may call for different skills and approaches; works to deploy strengths and works on weaknesses and limits
- Is able to focus on details and understands the significance and importance of detail in the context of work to be performed
- Uses time effectively and efficiently, values time, concentrates effort on important priorities
- Can quickly find common ground and solve problems for the good of the team; can represent own interests and be fair to the team; is seen as a team player and is cooperative, easily gains trust and support of peers
Qualifications
- Tertiary qualification and recent experience independently examining trade mark applications in New Zealand or a comparable jurisdiction.
Takohanga tuhinga o mua – Key accountabilities and deliverables
Trade Marks Examination
- Can demonstrate competence in the application of in applying of legislative requirements and examination practice when examining trade mark applications.
- Provides search and preliminary advice (S&PA) reports to enable applicants to determine the merits of making a full application.
- Compose and write reports that explain the examiner’s findings and clearly raises all appropriate legal objections and requirements.
- Evaluates responses to applicants’ reports to ascertain if submissions provided overcome any issues identified through the examination process, and respond accordingly including assessment of legal arguments and case law.
- Liaising and communicating with a range of external stakeholders to provide information regarding the trademark process.
- Review and approve Official Information Requests (OIAs).
- Coordinating and assessing compliance with regulatory processes and advising applicants with regard to this
Workload Management
- Prioritising work in queue.
- Establishes appropriate short to medium term goals and identifying priorities of own tasks and/or activities and effectively allocates own time to complete assigned tasks.
- Evaluates progress towards task/project completion and adjusts own work programme accordingly.
- Identifies risks and barriers to completion, escalates these appropriately to manager.
Supporting Capability Development
- Provides training in IPONZ systems to new
- Ensures own knowledge is current and accurate in terms of trade marks, the law and case law, broader technical knowledge impacting on trade marks, and IPONZ systems and
- Undertakes assigned projects with a focus on improving IPONZ systems and processes.
Contributing Positively to the Team and IPONZ
- Works co-operatively and effectively with others towards achieving Trade Mark Team and IPONZ
- Participates in team discussions, assists in the identification of solutions, and resolution to issues and
- Supports colleagues and peer reviews work as
- Listens and is respectful of other team
- Participates in organisational
- Participates in organised individual or team learning
- Seeks feedback on own
- Contributing effectively to the team’s development of positions, perspectives, approaches and
Self-Management
- Models positive behaviours
- Models the desired values and culture of the organisation
- Willingly shares knowledge, expertise and within the team and with others in the organisation
- Acts with honesty and integrity
- 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 Independent Examiner position reports to the Team Leader, Trade Marks and GIs in IPONZ, within the Business Consumer branch. The branch sits within the Te Whakatairanga Service Delivery group.
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
