Page 92 - Export and Trade

Sponsored by

PXVW EH ZLWKLQ PRQWKV RI WKH 1HZ =HDODQG ¿OLQJ from potential competitors in new markets. This means
date. This means you need to act relatively quickly to HVWDEOLVKLQJIUHHGRPWRRSHUDWH )72 EHIRUH\RXLQYHVW
protect or capitalise on your IP. in a new territory.
Anotherkeyaspectofresearchingyourmarket
Developing your IP strategy is understanding how your brand will translate on
If you have something worth protecting, then foreignshoresasthewayabrandisinterpretedin
registered forms of protection are a vital lever for New Zealand will not necessarily be the same in other
commercial success. It’s essential to develop a countries. Checkthatyourproductorbrandnameand
considered IP strategy that maximises protection while associated imagery, including colours, translate well into
minimising costs. otherlanguagesandculturesand won’tbeconsidered
Protecting every element of your IP in every possible offensive or unlucky. Some Kiwi companies have found
potential market may seem the safest bet, but it’s it is easier to establish a new brand in Asian markets
QRW WKH PRVW SUDFWLFDO $VLGH IURP WKH FRVW RI ¿OLQJ that translates better than their original brand.
in multiple countries, your IP rights will also need to ,I(QJOLVKLVQRWWKH¿UVWODQJXDJHRI\RXUH[SRUW
be asserted and maintained, which could result in market,registerrightsinbothEnglishandthenative
VLJQL¿FDQW OHJDO DGPLQLVWUDWLYH DQG WUDQVODWLRQ FRVWV language of your foreign market. Research the
This is where you need to be very clear about where appropriate translation beforehand to ensure you are
the value of your product lies. If it’s inherent in the hitting the right cultural note.
IP, then you need to take appropriate steps to protect Patent attorneys and IP specialists are the best option
it in the markets you care about most. Balance these to provide comprehensive searches for you. But doing
costs against the potential cost to your business if your \RXU RZQ UHVHDUFK ¿UVW FDQ KHOS WR VKDSH \RXU H[SRUW
product or brand was copied by a competitor with little strategy.
or no recourse available.
Registered IP
Your export strategy drives your IP strategy IPrights caneitherberegisteredorunregistered.
Your IP strategy will be driven by your export strategy Registered IP comes in the form of patents, designs,
so be clear as early as possible on your plan and the registeredtrademarks,plantvarietyrightsandin
role of IP in your business. some jurisdictions copyright – all requiring you to follow
You also need to understand which markets offer the a registration process to secure the legal rights they
best potential for your product. This may depend on provide.Theserightscan helpyoutostopsomeoneelse
factors such as population and national wealth or the from using your ideas.
EHVW FXOWXUDO ¿W
Other questions that will drive your IP strategy Trade marks
include: Atrademark isthelegaltermforabrandorlogothat
•Whatarethebestdistributionchannelsintothat linksproductsorserviceswiththeirowner. Atrade
market? mark protects the ‘mark’ used to identify your product.
• Will you market and sell directly, via distributors Logos are the most common example, but trade marks
or licensees, and if so, what type of commercial canalsobewords,slogans,letters,numbers,phrases,
agreements do you need to put in place? scents, shapes, pictures, movement, packaging features
• Where will your product be produced and how best or a combination of these. It must be represented
can you get protection there? graphicallytoberegistrable.Trade marksmustalsobe
Careful consideration of these issues will help shape distinctive to be registered.
your export and IP strategy: the two are inextricably
linked. • Protecting your trade mark overseas
Trade mark registration gives you a monopoly on
Do your research that brand in each country you register in. This
3URWHFWLQJ \RXU RZQ ,3 LV \RXU ¿UVW SULRULW\ KRZHYHU means no one can legitimately use the same or
you’ll also need to ensure that by exporting to a new a confusingly similar trade mark for the same or
country, you aren’t breaching someone else’s IP. similar goods or services in that country. It also
Your product or brand may be unique in your own JLYHV \RX WKH FRQ¿GHQFH WR LQYHVW LQ EXLOGLQJ D
market, but you want to avoid costly legal challenges valuable reputation around your trade mark.

90 NZ Export & Trade Handbook 2018