Intellectual Property (IP)

What is Intellectual Property (IP)

Creations of the mind - such as inventions, designs, symbols, names, and works - that can be legally protected

Why is IP important for engineers?

It provides competitive advantage, encourages innovation, prevents copying, and can represent most of a company’s value (>80%)

What are the main types of IP protection in NZ

1. Patents

2. Copyright

3. Designs

4. Trade marks

Who can help with IP matters?

IPONZ, patent attorneys, and lawyers

What is a patent

An exclusive right granted by the government to stop others from making, using, or selling an invention for up to 20 years

What does a patent protect?

How things work - function not form (e.g., a new product, process, or improvement).

What is the patent bargain?

Full public disclosure of the invention in exchange for a temporary monopoly (20 years)

What are the three legal requirement for a patent

1. Novelty - never done before

2. Inventive step - not obvious to a skilled person

3. Utility - specific, credible use

What happens if you disclose an invention before filling a patent

It becomes prior art and can no longer be patented

Can software be patented in NZ?

Only if it contributes to a technical process - not if it’s a “computer program as such”

What is the Maori Advisory Committee’s role in patents?

To advise IPONZ if an invention derived from Maori knowledge or resources might conflict with Maori values

What is the #1 rule for patents?

File the patent application BEFORe any public disclosure, sale or offer

What does copyright protect

The expression of an idea - not the idea itself - in works like drawings, software, music, writing, and films

Is copyright automatic in NZ

Yes - it arises upon creation and does not require registration

How long does copyright last

Generally the life of the author plus 50 years (varies by work type)

What is the “no percentage rule”?

Even small copied portions can infringe if they are a “substantial part” of the original work

What is “industrial copyright”?

Copyright protection for industrial drawings or prototypes (e.g., machinery) - lasts 16 years from commercial use.

What key step protects copyright ownership?

Keep written records of creation, authorship, and ownership

What do design rights protect?

The visual appearance of a product (shape, pattern, ornamentation), not its function

How long can a registered design last in NZ

Up to 15 years (with renewals)

What is required for the design protection?

Novelty - the design must be new and not previously published or used.

What is a trade mark?

A sign, word, symbol, or combination that distinguishes goods or services of one business from another

Give examples of types of trade marks.

Words, logos, shapes, colours, sounds, smells, animations, or positions

What makes a good trade mark?

It is distinctive, not descriptive, and not offensive or misleading.

Who checks trade marks for Maori elements?

The Maori Advisory Committee MAC - to ensure they are not offensive to Maori culture

How long does a trade mark protection last?

10 years, renewable indefinitely, just keep using it.

Who owns IP created during employment

Usually the employer - unless otherwise stated in the employment contract

Who owns IP created under commission

Typically the person or organisisation who paid for the work - but confirm in writing

What is IP infringement

Using or copying someone’s protected IP without permission (e.g., making, selling, or distributing unauthorised copies)

How are most IP disputes resolved

Through negotiation or “cease and desist” letters, not court

Why is an IP strategy important?

To identify valuable IP, avoid infringement, plan protection, and use IP for revenue (licensing, patents, etc.)

What are the three main IP strategy goals?

1. Leverage IP to earn money

2. Block competitors

3. Avoid infringement risk

What are the main ways to commercialilse IP

Sell (assignment), license, or create a spin-out company

How can Maori knowledge influence IP decisions?

Inventions or branding using Maori elements must respect tikanga and may require consultation