Page 44 - English-DBINZ brochure-2019

41 Doing business in New Zealand

Under the Fair Trading Act, if use of a trade mark is misleading or deceptive, or likely to mislead or
deceive, the Act can be used against the party causing this. An action under the Act can be commenced
to protect a reputation only but mere confusion is not enough to found an action under the Act.
Passing Off occurs if the goodwill of a business has been damaged or is likely to be damaged by another
party as a result of a misrepresentation in trade that is likely to deceive or cause confusion. Compared to
the Fair Trading Act, goodwill is needed and confusion is enough to found an action.

DOMAIN NAMES

Businesses can reserve and use New Zealand domain names eg “nz”,“.co.nz” and “.net.nz”. There is no
requirement that the registrant have a business presence in New Zealand. There are also no restrictions
on the number of domain names that one registrant may reserve.
A Dispute Resolution Service (DRS) operated by the Office of the Domain Name Commission provides an
administrative forum for the resolution of disputes concerning domain names. The DRS is based on the
UK Nominet system.

“Registration is strongly recommended for the certainty
it brings and related cost advantages, especially in
enforcement.”

BUSINESS NAMES
There is no official business name register in New Zealand.

COMPANY NAMES

Company names can be reserved for incorporation under the Companies Act, but a name cannot be
reserved or used for incorporation under the Companies Act if it is identical or nearly identical to an
existing company name. Registration of a company with a particular name does not, in itself, give a
right to use the company name in conflict with a prior registered or unregistered trade mark. Nor does
registration of a company name, in itself, give a right to prevent another person from using the same or
a similar trading name or other trade mark. Trade mark registration is the best way to protect a trading
name or other trade mark in New Zealand.

COPYRIGHT
The Copyright Act 1994 protects original “works” artistic, literary (including software), dramatic and
musical works, sound recordings, communication works (such as webcasts, television and radio
broadcasts and films). Protection under the Copyright Act gives the owner the exclusive rights in the
work including the right to copy the work, issue copies of the work to the public, play and perform the
work, communicate the work (using a communication technology) and make an adaptation of the work.
In New Zealand, copyright comes into existence upon creation of a work (there is no requirement
to register). Some works need to be recorded in a material form (such as in writing or stored on a
computer) for copyright to exist in them.
The term of copyright is generally the life of the author plus 50 years (for literary, dramatic, musical,
artistic works). However, industrially applied artistic works are only protected for 16 years from the year
of first industrial application. The Copyright Act also recognises and protects moral rights including the
right to be identified as an author. Moral rights cannot be assigned.