Page 95 - Export and Trade

Intellectual Property

dateforassessingnoveltyofyourinvention. something works.
<RXPD\KDYHWR¿OHZLWKLQWKHFRQYHQWLRQ In New Zealand, a
deadline if you have disclosed, commercialised or registered design
PRGL¿HG\RXULQYHQWLRQVLQFH\RXREWDLQHGWKH provides exclusive
priority date. ownership for up to
<RXFDQ¿OHRYHUVHDVDSSOLFDWLRQVDIWHU WKH 15 years.
FRQYHQWLRQ GHDGOLQH EXW \RX ZLOO ORVH WKH EHQH¿W If your product
oftheprioritydateandriskyourapplicationbeing relies on its design
invalidated by: – or the design of
– Third party use or publications; its packaging – to
– Use or publication of your own invention (e.g. if differentiate it in
\RXU LQYHQWLRQ LV QR ORQJHU VHFUHW RU the market place,
– Publication of one of your own equivalent patent you may consider
DSSOLFDWLRQV ¿OHG LQ DQRWKHU FRXQWU\ protecting this
Not all countries are members of the international design to gain the
convention or have similar reciprocal agreements with exclusive right
New Zealand. to prevent others from using it commercially, e.g.
WR OLFHQVH LW RU VHOO LW *HQHUDOO\ \RX¶OO QHHG WR ¿OH
• The Patent Cooperation Treaty (PCT) protection for registered designs in each of your
<RX FDQ ¿OH DQ LQWHUQDWLRQDO SDWHQW DSSOLFDWLRQ target countries.
XQGHU WKH 3&7 WR GHOD\ WKH FRVWV RI ¿OLQJ LQGLYLGXDO You may also hear design patents being referred
national patent applications in each country that to. In countries such as the USA and China a
interests you. This delay gives you the chance registered design is referred to as a design patent.
to further explore your invention’s commercial The protection offered is essentially the same.
prospects before investing more heavily in patent
protection. Plant variety rights (PVRs)
Another advantage is that the PCT application is Like patents, trade marks and designs, PVRs, plant
considered by a PCT examiner who will issue an EUHHGHU ULJKWV 3%5V RU SODQW SDWHQWV DUH D VSHFLDOLVHG
RSLQLRQ 2QFH \RXU 3&7 DSSOLFDWLRQ VDWLV¿HV D 3&7 type of IP used to protect new varieties of plants. A
examiner, it should be in better order for those PVR grants the owner the right to grow and license
FRXQWULHV ZKHUH \RX ¿OH QDWLRQDO DSSOLFDWLRQV DV LW their particular variety of plant.
will give you an idea of some issues that may arise PVRs also extend in part to plants that others derive
ZKHQ \RX ¿OH WKH DSSOLFDWLRQ LQ \RXU FRXQWULHV RI from your plant variety. PVRs protect plant breeders
interest. and give them a commercial monopoly for a period of
A PCT international patent application can cover time. This encourages plant breeding and innovation,
more than 140 member countries. and means that a large and growing pool of new
Discuss with your IP specialist all countries that you plant varieties is freely available to anybody when the
are interested in so they can advise how best to align protection periods lapse.
\RXU ,3 ¿OLQJ VWUDWHJ\ ZLWK \RXU FRPPHUFLDO JRDOV
Unregistered IP
Designs Unregistered forms of IP include trade secrets and
$ UHJLVWHUHG GHVLJQ SURWHFWV WKH VKDSH FRQ¿JXUDWLRQ unregistered trade marks. Copyright is unregistered in
pattern and ornamentation of a product – essentially some countries including New Zealand. These rights can
what it looks like and not what it does. A design stop others copying your ideas, but only in very limited
registration can be used to protect the appearance of FLUFXPVWDQFHV ± FLUFXPVWDQFHV WKDW DUH XVXDOO\ GLI¿FXOW
your products. A registered design is a stronger form and costly to prove, and which can be easy to circumvent.
of protection than copyright as you do not need to
show that your product was copied, but the period of Copyright
protection is shorter and protection is restricted. Copyright exists automatically in company documents,
However, design protection is weaker than marketing collateral and designs. It protects original
patents. A registered design does not protect how works such as photographs, sound recordings and

NZ Export & Trade Handbook 2018 93