Protect What You Create: A Practical Guide to Patents, Trademarks, and Copyright in NZ
Whether you’re launching a new invention, building a brand, or creating original content, protecting your intellectual property (IP) is essential.
Understanding the differences between patents, trademarks, and copyright in New Zealand can help you effectively secure your work and avoid legal and financial risks.
This guide outlines each of the three main IP rights – what they cover, why they matter, and how to use them strategically.
1. Patents: Securing Your Inventions
What is a NZ Patent?
A patent gives you exclusive rights to a new invention, allowing you to make, use, sell, or license it in New Zealand for up to 20 years. To qualify, your invention must be novel, involve an inventive step, and be industrially applicable.
Why Patents Matter
A patent protects the way something works, not just how it looks. This makes it ideal for safeguarding innovations with commercial potential.
NZ Patent Example
A Christchurch startup patented a low-energy water sterilisation method. By protecting the core technology, they could license it to multiple manufacturers while retaining control over its use (Source: IPONZ, 2019).
Key Points to Know About NZ Patents
- Not automatic – requires a formal application and examination.
- Offers protection for technical functionality, not aesthetics.
2. Copyright: Safeguarding Creative Works
What is a NZ Copyright?
Copyright protects original works, such as software code, artwork, designs, writing, or music, against being copied as soon as they’re created. Although there is no official registration system in New Zealand, proof of authorship is crucial for enforcement purposes.
Why Copyright Matters
It’s automatic and covers a wide range of creative outputs, with protection extending internationally under global treaties.
New Zealand Copyright Example
A Wellington illustrator discovered her character designs were being used overseas without permission. Thanks to timestamped files and published materials, she was able to enforce her rights (Source: NZ Copyright Council, 2022).
Key Points to Know About NZ Copyright
- No registration is required, but documentation is essential.
- Does not protect concepts, functionality, or processes.
- Only protects against copying.
3. Trademarks: Protecting Your Brand Identity
What is a NZ Trademark?
A trademark is anything capable of graphical representation, such as a name, logo, or slogan, that can distinguish your goods or services from those of another business. A registered trademark grants exclusive rights to use the trade mark for specific goods or services and can be renewed indefinitely.
Why Trademarks Matter
Trademarks build brand recognition and provide legal grounds to prevent others from using confusingly similar names or designs. Using trademarks owned by other businesses will infringe their rights and leave you liable.
New Zealand Trademark Example
A Dunedin café called “Bean & Barrel” had to rebrand after a national chain registered a similar trademark. The lack of early registration cost the original owner significantly in rebranding and marketing (Source: IPONZ Trade Marks Hearing, 2020).
Key Points to Know About NZ Trademarks
- Registration is optional but strongly recommended.
- Common law rights may apply, but they’re limited without registration.
- Clearance searching to ensure you can use a trademark and have exclusive use of it is essential.
Which IP Right Do You Need?
| Scenario | Recommended Protection | Reason |
| Invented a new product or process | Patent | Protects technical innovation |
| Developed a logo or brand identity | Trademark | Secures brand recognition |
| Created an artwork | Copyright | Grants automatic protection on creation |
Tip: IP rights often work together
A tech product, for example, may have:
- a patent for its technology,
- a trademark for its brand, and
- copyright protection for the software or design.
Choosing the right protection
New Zealand’s IP system offers a solid foundation for protecting innovation and creativity – but only if used proactively. Whether you’re a startup, an entrepreneur, or an established business, identifying the right IP strategy early can help you secure your competitive edge and avoid costly missteps.
Sources
- IPONZ – Intellectual Property Office of NZ
- NZ Copyright Council
- Trade Marks Hearings – IPONZ
- WIPO IP Statistics
Wanting to protect your intellectual property?
