Making intellectual property work for you and your business
Powered by Henry Hughes Intellectual Property
Any questions?
Why protect your IP?
It may seem tempting to use your IP without registering it, but proper protection can enhance the value of your business and protect against unforeseeable issues.
What difference does registration make?
Registration gives the owner exclusive rights to use and license the trade mark/patent/design, and gives other traders notice of your rights. Any person who uses a trade mark, patent or design without the authority of the registered owner may infringe the registration and such infringing use may be prohibited by the courts.
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Copyright does not require registration in New Zealand, as copyright comes into existence upon the creation of the work.
What rights do I have before registering?
Rights may exist at Common Law through use of a trade mark prior to registration. Common Law is law developed by the courts, as opposed to Acts. Therefore, even if the mark is not registered rights can be acquired through use.
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Patents and designs however, cannot be advertised or in the public sphere prior to registration. A patent/design must be registered before it is used or shown to others.
How does protecting my IP add value to my business?
Intellectual property protection means that you can build your brand and monetize your idea without another party copying or indicating an association with you. Having these rights means it is easier to litigate against infringement should this become necessary.
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If you are aiming to sell or license part or all of your business, owning your IP rights and being able to include these in an agreement is important. If you do not have exclusive rights to your trade marks/s, inventions or other works, your business may lose value as a result.
Does my company name give me any IP right?
Your company name does not give you any intellectual property rights unless the name or part of the name is also registered as a trade mark. Before you start a business or register it as a company, it's beneficial to check if the name is available as a trade mark or will infringe on other rights.