Making intellectual property work for you and your business
Powered by Henry Hughes Intellectual Property
Any questions?
I'm starting a business. What do I need to know?
Depending on the nature of your business, there is a suite of IP rights that can add value and protect your business from the word go.
Business Name
Many businesses are set up as a limited liability company which are registered with the Companies Office. This means that the business is a separate legal entity from you as an individual.
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The registration of a company name does not give you any rights to prevent a third party using the same or similar name.
Domain Name
If you're conducting business online or want to maintain an online presence, securing an appropriate domain is an asset to your business. Domain names are registered in New Zealand through registrars who are authorised by the .nz Domain Name Commission.
The registration of a domain name does not give you any rights to prevent a third party using the same or similar domain name. Think of this as being your business’ online address.
Intellectual Property
Protecting your brand from the word go is important. Trade marks can be registered at any point, but registering them secures a valuable asset and prevents unnecessary legal costs if someone registers your trade mark before you do.
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Copyright protection is automatic in New Zealand and doesn't require registration, but patents must be kept secret before registration.
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To find out more about why you should protect your IP, click here.
Ownership
It is important to ensure your IP is registered to the rightful owner. The registered owner has a large degree of control over the intellectual property and changing this further down the track can be complicated, costly, and damaging to your business.
If you are wanting to sell your business but you don't have the rights to sell the IP alongside it, this will likely be an issue for potential buyers and can decrease the amount they are willing to pay.
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Infringement
It's important to ensure you aren't infringing other parties intellectual property rights, otherwise you may make yourself vulnerable to litigation.
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How do I do this?
You can research using the IPONZ search tools. This requires a robust search to make sure not only your brand is unique, but that no other brand is going to oppose your registration or litigate against you. The easiest way to ensure your mark is appropriately checked is by engaging a specialist IP law firm.
Things to think about
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Have you used IPONZ checking tools to make sure you are not infringing other parties rights?
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What type of IP protection do you need?
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Does this type of protection require registration?
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Are you registering your IP to the right person or business?
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Will that person or business owning your IP causes issues later?
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Is the domain you would wish to use for your business available?
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Have you registered your domain?
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A checklist of assets that may need IP protection
Henry Hughes offers a package deal in order to protect everything that's important to your business. If you just want to talk options, we offer a free 30 minute consultation to get you started.