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This page provides practical information to help you make the most of your IP when doing business in鈥疦ew Zealand.

If you plan to do business in New Zealand,鈥痮r if you are already trading聽there, it is essential to know how to聽manage聽and enforce your IP聽as聽private property rights.

The (IPONZ) is the body responsible for granting and registering IP rights in New Zealand. This includes聽trade marks,聽patents,聽designs,聽plant variety rights聽and聽geographical indications.

Trade marks

The New Zealand聽trade mark聽system聽is聽similar to the UK鈥檚. Trade marks protect symbols, colours or other devices used to identify a business鈥� products or services.聽A聽trade mark聽is valid for ten years,聽then聽may be renewed indefinitely for further ten-year periods.

To protect a trade mark in New Zealand you can:

1. Apply directly to IPONZ.
2. Make an international trade mark application and select New Zealand as a designated country. More information on international trade marks聽can be found on International Trade Mark聽Protection.

Good to know

There are no restrictions regarding nationality or residency for trade mark application. However, when applying direct to IPONZ, an address for service in New Zealand or Australia must be provided in your application.

Patents

Like in the UK, patents for inventions can be protected for up to 20 years in New Zealand.聽All patent rights in New Zealand are subject to the payment of annual fees after they鈥檝e been granted.

To protect your innovation with a patent in New Zealand you can:

1. File an application聽directly聽to IPONZ.
2. File聽an international聽patent聽application and select New Zealand as a designated country. This can reduce the cost and effort of applying for聽patents聽in multiple countries.聽More information on international patents can be found on International Patent Protection.

Good to know

New Zealand operates a 鈥榝irst to file鈥� principle. If two people apply for a patent on an identical invention, the first one to file the application will be awarded the patent.聽New Zealand does operate a grace period where you can register a patent within 12 months of any public disclosure.

There are no restrictions regarding nationality or residency however, an address for service in New Zealand or Australia must be provided in your application.

You can file a patent yourself in New Zealand, but it is recommended that you seek advice from an IP professional.

Designs

In New Zealand, design protection initially lasts for 5 years and can be extended for two further 5-year terms i.e. protection can last for a maximum of 15 years.

To protect your design in New Zealand you can:

1. File an application directly to IPONZ.
2. File聽an international聽design application and select New Zealand as a designated country. This can reduce the cost and effort of applying for聽designs聽in multiple countries.聽More information on international designs can be found on International Design Protection.

Good to know

New Zealand operates a 鈥榝irst to file鈥� principle. If two people apply for an identical design, the first one to file the application will be awarded the protection.聽New Zealand does operate grace period where you can register a design within 12 months of any public disclosure.

There are no restrictions regarding nationality or residency however, an address for service in New Zealand or Australia must be provided in your application.

Copyright

As in the UK,聽copyright is an automatic right under New Zealand law, which is administered by IPONZ.

Copyright in New Zealand protects works that are original and expressed in a tangible form, for example, recorded on tape or written down.

The length of protection varies depending on the work, but generally lasts for the lifetime of the author plus 50 years.

Enforcing your rights

IP enforcement is generally effective in New Zealand. If your IP rights are infringed, there are different ways that you may look to enforce them. Litigation (court action) is the most commonly known method, however this can often be very time consuming and expensive. Alternative enforcement routes include mediation, arbitration and expert determination.

IPONZ and the Ministry of Business Innovation and Employment (MBIE) both have useful guidance on enforcing your rights and enforcement methods in New Zealand. Read: .

If you suspect goods infringing your trade mark or copyright are being imported into New Zealand, you can lodge an with the New Zealand Customs Service (Customs). More information about the border protection notice procedures, including fees, can be found on the , which includes a they accept.

More information

Visit these pages for more information about and to .

provide a variety of business advice, services, and support to businesses in New Zealand.