Intellectual property rights new zealand [New Info]

Last updated : Aug 27, 2022

What is intellectual property law NZ?

Intellectual property law is a large, detailed area of law that deals with human creativity and innovation. There are three main areas of intellectual property law – copyright, patents and trademarks.

What are the 4 types of intellectual property rights?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

What are the 7 intellectual property rights?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

What are the copyright laws in NZ?

Copyright lasts more than a life time. In New Zealand, copyright on literary, dramatic, artistic and musical works is in place for the lifetime of the creator of the material, and up to 50 years after their death.

What's the difference between intellectual property and copyright?

The terms “copyright” and “intellectual property” are often used interchangeably. However, copyright is just a part of the scope of intellectual property, as are trade marks, patents, and designs. Intellectual property (IP) describes a form of property which is the intangible output of the human creative mind.

What are 3 types of intellectual property?

There are four main types of intellectual property rights, including patents, trademarks, copyrights, and trade secrets.

What is not included in intellectual property rights?

These are the creations of human intellect such as ideas and concepts which are legally protected. Certain examples of Intellectual property are patents, copyrights and trademark, and it does not include physical property of an intellectual.

Who owns intellectual property?

Generally, the creator of a work is deemed its owner. However, intellectual property ownership can be determined differently for different types of property and under varying circumstances. For example, if work is created for an employer, the employer is the owner of that intellectual property.

What is protected under intellectual property?

Copyrights, trademarks, patents, and trade secrets are the four primary types of intellectual property protection.

What are the 5 types of intellectual property?

• Copyright. Copyright protects creative works like computer code, photographs, artwork, and text.
• Moral Rights. Moral rights are related to copyright.
• Trademarks. Trademarks offer protection for your branding.
• Patents.
• Trade Secrets.
• The sooner, the better.

What counts as intellectual property?

Intellectual property is traditionally comprised of four categories: patent, copyright, trademark, and trade secrets.

How long does a copyright last in NZ?

For most types of work copyright lasts in New Zealand for 50 years after the year in which the creator of a work died (25 years if this is copyright in a typographical layout, as in the Shakespeare example above). Copyright expires 70 years after the death of the creator in many other countries in the world.

Do I need copyright or trademark?

Copyrights primarily protect the rights of people who create literary, dramatic, musical, artistic, and certain other intellectual works (like history tests, and software code). Trademarks protect the use of a company's name and its product names, brand identity (like logos) and slogans.

How long does a patent last NZ?

A patent gives you a legal right to stop others from making, using, or selling something you have invented for up to 20 years.

Does my company have IP rights to the stuff I do in my spare time?

Very often, yes. The boilerplate IP contracts provided by most law firms usually claims one of: * All software development work you ever do while employed by the company. * All software development work you do using in any way any resource of the company, from computer to network connection.

How do you claim intellectual property?

To obtain a patent in the U.S., the inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and examination fees.

How do I file intellectual property rights?

To legally enforce such right, you need to register yourself and your creation with the Office of Controller General of Patents, Designs & Trade Marks under Ministry of Commerce & Industry, Government of India.

What is the most common violation of intellectual property?

The most common type of intellectual property dispute is that of infringement. This is where intellectual property is used or appropriated without the owner's permission by another. Infringement can apply to many categories of intellectual property.

What is the most common type of intellectual property?

Patents are the most common type of intellectual property rights that come to people's minds when they think of intellectual property rights protection.

What are the 3 main components of intellectual property law?

In order to ensure that all creations remain protected under the law, intellectual property owners should be aware of three main components. As described by the U.S. Department of State, intellectual property can be categorized into one of three areas; copyrights, patents and trademarks.

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uh hello everybody thank you for joining us today for our australian australia and new zealand trademark update uh speaking days myself uh jack and shannon um from our um trademark law and trademark team at griffith hack uh i practice most of you might know me already and i practice in with a specialty with branding and trademark enforcement and working with me as a senior associate jack collings he also does trademark enforcement and ownership ip advice and shannon fardy will be talking as well this often today and she handles a lot of trademark prosecution in australia and new zealand she's qualified in australia and new zealand and also has an extensive international portfolio so what we want to do is go through some recent cases that have come up in the last year and just highlight some of the things that you should be aware of with protecting non-traditional trademarks they're becoming more popular these days and have a look at a comparison between australia and new zealand and what differences you can expect for if you're if you're filing or have proceedings in those countries so with the the first case i'd like to talk about today is southcourt brands and australia rush rich winery there are actually four respondents in that case one was a chinese firm and there were some other companies and it's of particular interest because it involved chinese character marks so the case concerned penfold's wine most of us are familiar with penfold wine or at least those of us who like wine are familiar with it and they had in the case involved infringement here in australia and they have registrations for penfolds and that's quite an old registration you can see the numbers there aren't very many there's only five digits but that's because it was registered in 1923 and then they also had trade mark registrations for the word benfu which is how a chinese or mandarin speaker would pronounce the word penfolds they can't exactly pronounce penfolds the way we would because of the linguistic differences and they um don't normally pronounce l so it sounds more like then food and then the chinese character mark which is the translation and they had those three registrations in class 33 for wines and they commenced proceedings because australian rush rush rich winery and the chinese company and some others were involved in using these chinese character marks that are on display now now for those of you who can actually speak chinese or mandarin you'll see straight away what the problem is and for those of us who don't know how to speak chinese or mandarin you'll probably be sitting there looking at those pretty pictures wondering what it's all about now if you if you're quite sharp you will have noticed that on the first slide i had that third registration there for the chinese characters and you'll see that the first one first dot point there is identical and going down that list you'll see that that mark actually is in all five although sometimes it's at the beginning and sometimes it's in the mark so even under australian law if you were looking at this um and you were comparing the chinese character mark to the chinese character market to be identical and you probably say what are we what are we having a case about this for kelly um and perhaps also those other two but what's interesting though is the finding in this case that the trademarks these character marks that i'm showing you now um infringed not only the chinese character mark owned by penfolds but also the other two word marks benfu and penfolds so we'll have a look at how the judge actually arrived at that decision it was um justice beach he's quite a good judge um and there were a couple of um there were some background facts that he took into account um in and he said that consumers of wine in australia include many mandarin and cantonese speakers i think it's fair that uh maybe all con there's many languages but he was able to identify that mandarin and candidate speakers also like wine um that it was of particular relevance that the um word penfolds cannot be exactly replicated in um in by chinese and mandarin speakers they say something closer to benfu and the character mark the chinese character mark is pronounced as benfu when they read it there was some other data given to him during the proceedings around the fact that for us people who are australian residents and where they were born from originally first is english people then there's new zealand people and then the next biggest group is chinese people and we have a very big influx of chinese people um and mandarin speaking people as tourists into australia or we did covered 19. so all of that was taken into account by his honor to say that the market that we have here in australia does in fact have people who can speak um chinese and mandarin and so when when he looked at these marks and he said well we need to um go through our australian law but how does that apply when you're dealing with chinese characters and in terms of establishing the ordinary signification of a trademark consisting of a foreign word what's important is the meaning conveyed by that foreign word to those who will be concerned with the relevant goods so here we have wine drinkers but in particular there might be mandarin and chinese speaking wine drinkers and when you're assessing infringement um emphasis is placed on that meaning and pronunciation and it's also you appear you do have consideration into the visual and oral aspects the appearance and sound the same as we would when you're comparing roman characters and it is and he did that in this case and i'll take you through that in a moment he also said so there was trademark infringement but also a claim for misleading and deceptive conduct and he said and he confirmed and this is consistent with other case law that you can have misleading deceptive conduct rising in respect of a class of people within the market and it was reasonable here he was identifying who's what's the market would be chinese amanda and speakers and and who's the reasonable consumer within that market so just because we are predominantly english speaking doesn't mean that you can't have a case for trademark infringement or in acl in a foreign language situation so there was an infringement finding under section 120 there was also an infringement finding under section 228 now some people aren't familiar with section 228 it's actually a provision that says an infringement will be found if you apply the mark here in australia with the intention of sending that good overseas so here penfolds was well the infringing party was applying a mark to a wine made in australia and then sending it into china and saying it was benfu with this character mark so that that was the activity and it counts as an infringement here even though the good will be sold overseas so um sorry i've clicked a few i'll just go back so looking at these marks for those of you who don't speak chinese chinese or mandarin the first one is identical ben fu second one is ben fu but the last two character characters stand for wine park or winery for a very des

Thanks for your comment Charles Cominski, have a nice day.
- Aracely Haris, Staff Member

bye what is intellectual property intellectual property is an area of law that regulates human creativity invention and business endeavor if we're using legal terms would say that's copyright patents and trademarks copyright as laws that are originally designed to encourage people to create to create art music literature film video and all of those things patents is about the area of science and technology its laws that are designed to help people invent create new inventions things like laptops pharmaceuticals and trademarks are those things that we are used to every day in fact they're part of our language we might say something like we got out of being pulled on our Levi's use the colgate and ate some wheat backs and everyone well most people speaking English at least know that what you mean as you pulled on your jeans brushed your teeth and ate some breakfast cereal the law tries to protect these things and provide people exclusive rights to use these things in order to encourage businesses to work in to in order to encourage invention and creative endeavors what Lord doesn't do is guarantee that anyone who creates anything artistic or an events anything scientific will get a market will be able to sell their work so businesses and so on try and use intellectual property law as a tool to make their business work to make money and so on but it's not the law of intellectual property that creates business profits but businesses can use intellectual property rights to help them create those profits

Thanks Roxy your participation is very much appreciated
- Aracely Haris

About the author

Aracely Haris

I've studied social stratification at Delaware Valley University in Doylestown and I am an expert in information technology. I usually feel dirty. My previous job was agricultural technician I held this position for 28 years, I love talking about marching band and landscaping. Huge fan of William Blum I practice disability sport and collect scouting memorabilia.