Patents vs trademarks vs copyright – what’s the difference in NZ?
It can be easy to get swept up in the excitement of a new creation or invention, but without the right protection, you’re on shaky ground.
That’s where intellectual property (IP) rights come in.
Knowing your way around IP is essential to not only protecting but capitalising on an idea or creation.
But understanding what type of IP is the best fit for the situation can be a minefield – one that’s full of nuances.
Here’s a rundown of the most commonly misunderstood forms of IP rights available in New Zealand and how they’re used in practice.
New Zealand patents
What are they?
A patent gives the inventor exclusive legal rights to their invention, so no one else can make, use, sell or import it without their say-so.
But you can’t get a patent for any old thing. They’re only granted on request through a patent application process which must prove the invention is both new and innovative.
Essentially, an invention must deliver some form of technology that actually works in the real world.
Why apply for a patent?
One big advantage is that they don’t just protect one version of your invention. Instead, they can protect a wide range of variations in how an invention is implemented, potentially regardless of the exact shape or form of any resulting product.
That means that a single patent registration can grant broad protection as long as the variations to be covered all use the same new and innovative concept of operation.
This makes patents valuable, especially for new technologies with lots of potential applications.
New Zealand copyright
What is it?
Copyright protects original literary, artistic, and musical works, giving creators exclusive rights to reproduce, distribute and display their creations.
In New Zealand, copyright also extends to works with industrial applications, including the particular shape, form and appearance of physical products.
Copyright is automatic
Unlike patents and trademarks, copyright protection in New Zealand is automatic when someone creates an original work. There’s no need for formal registration and the copyright generated can also relate to works created outside New Zealand.
But there’s a catch: copyright doesn’t protect the inner workings of a product. If someone copies the way a product functions but doesn’t replicate the exact appearance, copyright won’t apply. Nonetheless, it provides automatic backup rights in New Zealand and is useful in instances of piracy where the exact form of a product is copied without any changes being made.
New Zealand trademark registrations
What is it?
Trademarks serve as distinctive identifiers for goods and services, helping consumers differentiate between the offerings of different businesses in the marketplace.
Is a trademark necessary?
Now here’s where it gets interesting: In New Zealand, even if you don’t officially register your trademark, you may still have some rights although it’s trickier to enforce those rights.
In this case, while you may have automatic rights, your trademark’s reach is limited to where your brand is already known. If your business operates only in one city, you can’t stop others from using your trademark in places where it’s not known.
The obvious fix to this is to officially register it.
You can usually trademark your brand name or logo in New Zealand so long as it won’t be easily confused with other existing trademarks used for the same or similar goods and services.
Your brand should be able to clearly identify who’s behind a product or service, without being an obvious description of these offerings. In other words, it should be a unique identifier, not just a simple description. For example, the brand name ‘Strong Liquor’ won’t be registerable for alcoholic beverages unless it’s already very well-known and associated with the business applying for the registration.
Trademarks last forever
Trademark registrations don’t stop others from copying your product or service. But, they’re the only form of intellectual property that can last forever, as long as you keep using it and pay renewal fees.
So, trademark registrations are a way of protecting the reputation and market recognition created by a business in their brand names.
Choosing the right protection
If you’re in New Zealand and thinking about intellectual property, it’s important to know that patents, trademark registrations, and copyright all do different things. To get the best protection, you need to understand how they work and which one suits your needs.
Your choice depends on what you’ve created and what you want to achieve. Whether you’re aiming for exclusivity on a new invention, making sure your brand is safe, or protecting your creative work, knowing the ins and outs of these options is a must for individuals and businesses in New Zealand.
Ready to protect your intellectual property?
