How To Understand Patents, Trademarks & Copyright Law In NZ

As a creative and a business owner in New Zealand like me, you've poured your heart and soul into creating something unique. But how do you safeguard your intellectual property (IP)? Two vital legal tools come into play: trademarks and copyright. While they both protect different aspects of creativity, understanding the distinction is crucial.

Here's a breakdown from the perspective of a patent attorney in NZ

• Trademarks: Think source identifiers. Trademarks protect words, symbols, logos, or even some sounds that distinguish your brand from competitors. Your business name, logo, or catchy slogan can be registered trademarks. If you have any issues with trademarks, it's best to speak to a patent attorney in NZ like Origin, who can advise on the registrability of your mark and guide you through the application process.

• Copyright: Copyright shields original creative expression. It applies to artistic works like paintings and sculptures, literary works like books or articles, music, films, and software. Copyright safeguards the expression itself, not the underlying idea.

Choosing Between Trademarks and Copyright

Scenario 1: Your Artwork

Let's say you're a visual artist like me who paints or sculpts. Copyright automatically protects your paintings, drawings, or sculptures. It also prevents unauthorised copying, distribution, or public display of your work.

Scenario 2: Your Brand Identity

Your catchy business name, logo, or tagline deserves protection. And this is where a trademark comes into play. It shields you from competitors using similar marks that might confuse customers.

The Overlap Zone

Sometimes, things get interesting. A product's design can be both artistic and functional. So, a patent attorney in NZ is the best person to talk to here as they can advise on the possibility of design patent protection, as that's another whole ball game and falls outside the scope of this article.

Remember

• Trademarks and copyright offer distinct shields.

• A patent attorney in NZ can provide specific guidance on protecting your IP.

• Consider consulting an attorney before filing applications to ensure you use the right tool for the job.

Safeguarding your creativity empowers your business to thrive. By understanding both trademarks and copyright, you can make informed decisions about protecting your intellectual property in New Zealand.

FAQ: Trademarks vs Copyright in New Zealand

Trademarks

Do I need to register my trademark?

While not mandatory, registering your trademark with IPONZ grants more substantial legal rights and simplifies enforcement. Common law rights exist for established, unregistered trademarks, but registration offers greater protection.

What types of marks can I register?

Beyond words, logos, symbols, colours, packaging designs, and even sounds can all be registered trademarks. A patent attorney NZ can advise on the registrability of these non-traditional trademarks. Read my story on my patent trademark journey.

How strong should my trademark be?

Stronger trademarks with inherent distinctiveness receive broader protection. A patent attorney in NZ can assess your mark's strength and suggest strategies for strengthening it.

Copyright

Is copyright automatic?

Yes, copyright arises automatically upon the creation of an original work. Registration isn't required but offers advantages like a public ownership record and easier enforcement. You can read more here about copyright for artists.

What does copyright protect?

Copyright safeguards the specific expression of your creative work, not the underlying idea. For instance, copyright protects the wording of a novel but not the general concept of a detective story.

Can anyone use my copyrighted work?

Fair dealing exceptions allow limited use for purposes like criticism, review, parody, or news reporting.

General

When should I consult a patent attorney in NZ?

An NZ patent attorney can advise on the best course of action for protecting your specific creations, whether through trademarks, copyright, or design patents (for functional aspects).

Is registration always necessary?

Registration strengthens your legal position for both trademarks and copyright. While it's automatic for copyright, registration for trademarks is actually crucial for a more robust level of protection.

Now that we've grasped the basics, let's dive deeper into the world of trademarks and copyright in New Zealand, with an eye toward practical applications for your business.

Trademark Variations

• Registration vs. Common Law Rights: Unlike copyright, trademarks aren't automatically protected. Registering your trademark with the Intellectual Property Office of New Zealand (IPONZ) grants stronger legal rights and simplifies enforcement. However, even unregistered trademarks can enjoy some common law protection based on established use in your industry.

• Types of Trademarks: The scope of protection extends beyond just words. Logos, symbols, colours, packaging designs, and even sounds (One I can think of is the iconic MGM Studio's lion's roar) can all be registered trademarks. A patent attorney in NZ can advise on the registrability of these non-traditional trademarks.

• Strength of Your Mark: Stronger trademarks with inherent distinctiveness (like "Apple" for computers) receive broader protection than weaker marks that are descriptive (like "Red Shoes" for footwear). A patent attorney in NZ can assess the strength of your mark and suggest strategies for strengthening it.

Copyright Complexities

• Automatic Protection: Copyright arises automatically upon the creation of an original work. No registration is required. However, registering your copyright with IPONZ provides several benefits, including creating a public record of your ownership and simplifying enforcement actions.

• What Copyright Protects: Copyright safeguards the specific expression of your creative work, not the underlying idea itself. For example, copyright protects the wording of a novel but not the general concept of a detective story.

• Fair Dealing Exceptions: Copyright doesn't prevent all uses of your work. Fair dealing exceptions allow limited use for purposes like criticism, review, parody, or news reporting.

Navigating the Gray Areas

• Product Designs: The line between artistic and functional designs can blur. Copyright may protect the creative aspects of a product design, while a design patent (Sorry, it's outside the scope of this article) might be necessary for the functional aspects. A patent attorney in NZ can advise on the best course of action for protecting your product design.

• Branding and Packaging: A brand name or logo sometimes incorporates artistic elements. Copyright might offer some protection here, but a registered trademark provides a much more robust shield.

Remember

• Seek Expert Advice: The legalities surrounding intellectual property can be quite complex. Consulting a patent attorney here in NZ ensures you use the right tools (trademark or copyright) to safeguard your creations.

• Consider Registration: While registration isn't mandatory for copyright, it offers significant advantages. For trademarks, registration its crucial for the right level of legal protection.

By understanding the intricacies of trademarks and copyright, you can make informed decisions about protecting your intellectual property in New Zealand. This empowers your business to flourish and safeguard the fruits of your creativity.