In association with
When to consider intellectual property
It’s never too late to think about intellectual property (IP). Use our quick step-by-step guide to avoiding common IP pitfalls and check out key milestones when IP is particularly important.
These are the key times when a business should pay particular attention to IP:
- starting out
- seeking investment
- spending money on research and development
- spending money on branding, eg logos, signage, website
- establishing a digital presence
- employing staff or contractors (or when a staff member is leaving)
- dealing with confidential information
- expanding into new areas or shifting business focus, eg a plumber who introduces a new service, or who becomes a product manufacturer
- importing or exporting
- selling all or part of your business.
When it comes to IP, even if you’re protected in one place, you might not be protected in another.
This can even be true from one New Zealand city to another. Read more about protecting your IP overseas.
When to consider IP
The steps below are text versions of the visual guide. It's aimed at people who use screen readers, or who prefer to take in information by reading.
Intellectual property (IP) is about protecting the time, money and effort you put into your business. It's best to identify your IP early, but here are some of the key milestones when every business should think about IP and how to protect it. It's worth reviewing and, if needed, revising your IP plans at these milestones.
Starting out
Tip: Use business.govt.nz’s ONECheck tool to check for businesses with similar names.
Staff
Tip: A handshake is never enough. Use our Employment Agreement Builder to create job contracts and make sure both sides sign.
New ideas
Tip: Patents can be tricky to get right — seek expert advice.
Expanding and exporting
Tip: Continually check your IP is aligned to your business goals.
Branding and marketing
Tip: Add ™ after your brand name or logo, or ® if you’ve registered these as trade marks.
Systems and processes
Tip: Regularly update software systems and passwords to guard against unauthorised access.
Selling your business
Tip: Use our checklist to identify your IP assets, and learn easy protection tips along the way.
Basic IP business steps
There’s no one size fits all approach to IP, but for most businesses it comes down to a few main steps. And the earlier you do these, the better.
Step 1. Identify your IP
Think about what it is you do and what you might need to protect. Take a walk through your business and ask yourself what’s uniquely yours.
Use our checklist of common IP assets to note everything you find. Basic examples might include your trading name, domain name, logo, website, staff business knowledge, distribution and sales agreements, and customer databases.
Step 2. Consider where your business is going and how to protect what’s necessary (within budget)
A lot of what you need to protect comes down to where you want your business to go. For example, if you’re planning to stay local, and keep to your core business, basic IP protection like trademarking slogans and logos might be enough.
If, however, you’re looking to open more branches, go overseas, hire staff or contractors, or seek investment, a more in-depth look at IP becomes increasingly important. At these junctures, you need to decide how IP can help your business goals.
Put reminders in your calendar to renew things like your domain name or trade mark.
If you don’t keep up renewals, you risk losing IP protection.
Step 3. Use your IP to its maximum advantage
Savvy small businesses know that controlling IP is as much about gaining market advantages as keeping competitors away. For example, having total control of your IP might allow you to:
- advertise a specific product or service
- attract more customers
- convince investors to provide backing
- freely use a technology.
Data for business(external link) — Stats New Zealand tools drill into data on competitors and customers
Case study
Pop of inspiration
As soon as Craig Jackson thought of the name Dr Feelgood for his ice pop business, he knew he had to secure it with IPONZ. With a background in film and design, Jackson understood the value of brand identity. He wasn’t sure of his chance of registering it — it was already the name of a British band and an album by Mötley Crüe. While there were other Dr Feelgoods on the IPONZ register, the name was available in the trade mark classifications relating to confectionary and foods and drinks.
