Page 91 - Export and Trade

Intellectual Property

to die, are not only respecting the rights of others and It is also important to understand what parts of your
introducing stringent new enforcement laws, but also business can and should be protected with registered
developing their own IP at an unprecedented rate. As a rights, like patents, designs, trade marks, and sometimes
UHVXOW &KLQD LV QRZ RQH RI WKH PRVW SUROL¿F XVHUV RI ,3 copyright, and what the process for applying for those
systems, both domestically and abroad. PHDVXUHV LV LQ HDFK FRXQWU\ DV LW FDQ GLIIHU VLJQL¿FDQWO\
:RUOGZLGH ¿OLQJV IRU SDWHQWV WUDGH PDUNV DQG Some markets are more risky than others, and some
industrial designs are reaching record heights. may have more relaxed rules in place for protecting IP.
,QQRYDWRUV DURXQG WKH ZRUOG ¿OHG PLOOLRQ SDWHQW Some businesses, including major brands such as Apple,
applications in 2016, up 8.3 percent for a seventh New Balance and Lexus, have lost opportunities or found
straight year. Trade mark applications also rose by 16.4 themselves in lengthy legal battles to win their rights
percent in 2016 to approximately seven million, and back because they failed to realise the implications of
worldwide industrial design applications grew by 10.4 WKHLU ,3 DFWLRQV RU LQDFWLRQV
percent to almost one million. This growth was primarily If you’re thinking of expanding offshore, or dealing with
driven by growth in China. overseas manufacturers or suppliers, you need to:
•Understandthere’snosuchthingasworldwideIP
Know the rules protection – different countries have different rules;
Moving into new markets means you will come into ‡ %H DZDUH WKDW SRWHQWLDO FRPSHWLWRUV DQG FRXQWHUIHLWHUV
contact with different legal environments and processes, ZDWFKWKH,3UHJLVWHUVRIGLIIHUHQW FRXQWULHVWR¿QGQHZ
so the rules that apply in New Zealand can differ opportunities, brands and ideas;
VLJQL¿FDQWO\ LQ RWKHU FRXQWULHV • Consider where your business is going and what IP
Intellectual property rights are territorial in nature. stepsyoumightneedtotaketoprotectyourselfin
With a few exceptions such as copyright, any IP protection other markets;
granted in New Zealand does not cross international • Be mindful that there are sometimes time limits on IP
boundaries and registered IP rights are only enforceable SURWHFWLRQV )RU H[DPSOH D SDWHQW DSSOLFDWLRQ ¿OHG LQ
in the countries where you have applied for them. In other 1HZ =HDODQG PXVW EH ¿OHG EHIRUH WKH LQYHQWLRQ LW FRYHUV
words, you can’t take it with you. LV PDGH SXEOLF DQG SDWHQW ¿OLQJV LQ RWKHU FRXQWULHV

NZ Export & Trade Handbook 2018 89