Protect your intellectual property
These are some important things to remember when protecting your intellectual property:
- Don’t show your invention to companies to see if they’re interested in buying or investing in it, without first getting patent advice.
- Don’t launch any website about your business before you’ve protected your intellectual property.
- Document any arrangement made between employers and employees not covered in the employment agreement.
If you don’t protect yourself first, you’ll be telling the world about your great idea or product – and it might get copied.
Spotting IP opportunities
Craig Jackson, with a background in film and design, understood the power of branding. When he came up with the name Dr Feelgood for his ice pop business, he knew he had to trademark it. Despite its association with a brand and album, it was available in the confectionery and drinks category.
Investigate infringements
The more your intellectual property is worth, the higher the chance someone else might try to infringe on it.
If you think someone is copying, imitating or stealing your intellectual property, follow these steps:
- Don’t overreact. People get into trouble by thinking they’re in the right, when often they’re not.
- Make sure someone is actually infringing your intellectual property. For example, make sure you haven’t accidentally let your registration lapse.
- Get legal advice. Specialist advisors will figure out the best way to defend what’s yours.
- Consider the costs. Before agreeing to legal action, ask yourself how much this infringement will cost your business. If it’s affecting your bottom line or is likely to, it may be worth taking legal action to protect your intellectual property.
Most intellectual property disputes in New Zealand are settled out of court.
Examples are key in intellectual property disputes, so consider how you might gather proof of infringements. This might be product samples, website screenshots, quotes or material from the infringing party.
Common mistakes
Some of the most common intellectual property mistakes include the following:
- Telling others about your great idea before protecting it.
- Thinking you’ve protected your business name just because you’ve registered with the Companies Office.
- Trying to sell your invention before checking intellectual property protection options.
- Getting a logo, brand or website made without checking if you’re infringing on anyone else’s trademark or copyright.
- Expanding into new markets before thinking about intellectual property protection.
- Thinking that registering your intellectual property with IPONZ also protects you overseas.
- Not putting a copyright symbol on packaging, web pages and marketing material.
- Using pictures, music and content created by others without first checking if you can.
- Thinking you’re automatically entitled to a domain name that matches your business name.
- Not protecting confidential information.
- Assuming intellectual property is always expensive to protect.
Protecting your intellectual property overseas
Registering your business in New Zealand won’t automatically protect it overseas.
Some markets are riskier than others and may have looser rules in place for protecting intellectual property. If you’re thinking of expanding, or dealing with overseas manufacturers or suppliers, make sure you know how to protect your intellectual property overseas.
You need to:
- understand there’s no such thing as worldwide intellectual property protection – different countries have different rules
- be aware that potential competitors (and counterfeiters) watch the intellectual property registers of different countries to find new opportunities, brands and ideas
- consider where your business is going and what intellectual property steps you might need to take, to protect yourself in other markets
- find out if there are time limits such as renewal dates on intellectual property protections you put in place – for example, a patent application filed in New Zealand will be made public after 18 months.
Product partner turns IP rival
Sammi and Trudi built a successful infant products business, including a toddler cup Sammi developed. After Trudi leaves for a competitor, she takes the cup idea with her. Sammi attempts to register the design with IPONZ but since it has been sold for years without protection, it’s not considered new, rendering Sammi’s application invalid.
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