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prototype drawings. Copyright protection has a limited solid legal advice to ensure your agreements are properly
lifespan, which varies in duration depending on the enforceable.
type of work and the country.
Some countries have a voluntary system for the Licensing
registration of copyright works. Registration offers an Licensing your technology to others can be an effective
additional layer of protection for a copyright work like way of getting your product into overseas markets,
a logo or label as it formally records ownership of the particularly if you don’t have the requisite skill,
copyright. commitment or market presence yourself.
IP licensing is common in joint venture arrangements
Trade secrets and can take many forms. It is important that your
$Q\ FRQ¿GHQWLDO EXVLQHVV LQIRUPDWLRQ WKDW SURYLGHV licence agreement is carefully drafted and includes
your organisation with a competitive edge may appropriate provisions to ensure your intellectual
be considered a trade secret. Trade secrets are property and how it is represented is protected.
protected without registration and come in the form
RI FRQ¿GHQWLDO LQIRUPDWLRQ DERXW \RXU FXVWRPHU RU Preparing for export: Top considerations when
client base, manufacturing processes, sales methods taking your IP global
or commercial operations – the type of knowledge or •Isyourproductor brandeligibletobeprotectedunder
know-how that you wouldn’t want your competitors to theIPlawsofyourtargetmarkets?
get hold of. To be effective, information must be kept •Isyourpackagingpartofyourproduct’s value? Have
secret, it must have commercial value because it is a you protected its design?
secret, and reasonable steps must have been taken to • What are your target markets?
keep it secret. The risk, however, with a trade secret, •Areyourtargetmarketscoveredbyinternational
is that once the information is in the public domain conventions?
there is no recourse from stopping any third party •Whatisthevalueofyourbrand,designorproduct
from using your IP. features to your business?
• Have you considered registering trade marks for the
Commercialisation strategies local language version of your brand?
Protecting your IP is one thing; developing the right •WhatisyourbudgetforprotectingyourIP?
commercialisation strategy is another. Depending on your • Is your IP already registered by a third party in your
business model or path to market, there are a number of target markets?
options available. •Haveyou conductedadequateduediligenceintoyour
You could make and sell the product yourself, or you commercial partners?
could involve others in the product supply chain, such as •Isdisclosureofyourcommercially sensitiveinformation
manufacturers, suppliers, distributors, sales agents and protectedbynon-disclosureagreements?
licensees. If you engage others to assist, make sure you • Have you consulted an IP professional with connections
do your due diligence to determine that the third party has in the countries you want to export to?
the expertise, resources and track record to support, and
help you achieve, your path to market. IP protection is all about balance
If you are getting another company to make or sell your IP protection is often about striking the right balance
product, you should enter into a written agreement with between achieving maximum protection and managing
that organisation recording the terms of the deal. If you are IP costs. The solutions you choose to protect your IP
handing over commercially sensitive information as part of LQ IRUHLJQ PDUNHWV ZLOO QHHG WR UHÀHFW \RXU EURDGHU
a scoping or due diligence exercise, you should ensure that commercial business strategy, at home and abroad.
you have an appropriate non-disclosure agreement in place. To get the balance right, work with an IP professional,
Even if you decide to sell the product to customers such as a registered patent or trade mark attorney
directly, you still need to put in place terms of trade to or experienced IP lawyer, who will help develop and
protect yourself. implement an IP strategy that will properly serve your
Agreements that work in New Zealand may not product or business.
necessarily work in other countries. In some countries,
competition and consumer protection laws may defeat the Freephone 0800 BALDWINS
intention of the parties. When doing a deal overseas, get www.baldwins.com

94 NZ Export & Trade Handbook 2018