Types of intellectual property

Dec 30, 2024

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If properly identified and used, intellectual property (IP) can be the most valuable asset for a small business. There are two main types of intellectual property – registered and unregistered. Understanding their distinctions is crucial as it guides your decision-making process.

Tip

Registered IP is only protected and acknowledged within the country of its registration in.

Registered IP

As the name suggests, registered IP refers to intellectual property that has been officially registered with a national IP office such as the Intellectual Property Office of New Zealand (IPONZ).

For more detailed information on each type of IP, please visit the IPONZ website.

It includes:

Registered trade marks — A brand name or logo with the ® symbol, eg Trade Me®
Designs — The visual appearance or shape of a product design, e.g., Flight Plastics’ food and horticulture containers.
Patents — Usually related to a new product, process, or material. The simplest way to understand them is as inventions, e.g., Fisher & Paykel Healthcare’s respiratory devices.
Plant variety rights — Protection for a new type of plant, e.g., a gold kiwifruit or a new apple variety.

Fact

You don’t have to submit an application to use the ™ symbol.

Unregistered IP

While not registered with a national agency like IPONZ, these still provide legal protection and aid in safeguarding confidential information.

It includes:

Unregistered trade mark – A word or logo with the ™ symbol. This offers limited protection but can be beneficial for establishing a presence in a fast-paced industry.
Trade secrets – Examples include recipes and customer databases. Perhaps the most famous is the recipe for Coca-Cola, known only to a select few executives.
Secrecy agreements – Contracts designed to protect valuable information. These may also be referred to as confidentiality agreements or non-disclosure agreements (NDAs). When developing new technology, companies require staff and contractors to sign agreements preventing the theft of their ideas.
Copyright – Applies to owners of original works such as paintings, songs, lyrics, writing, and films. In New Zealand, copyright is automatically granted as soon as a work of this nature is created. Nonetheless, it’s advisable to mark your work with the © symbol, owner’s name, and date.

The IPONZ website has more detail on each IP type.

Case study

Whose photos?

Freelance photographer, Dana plans to update her online gallery of wedding shots and food photography—a mixture of commissioned and contract work. She checks her business files for client copyright or permission agreements. After hearing horror stories from fellow photographers, Dana has recently been very careful about documenting these.

However, during her initial years, she didn’t always do this. This is significant because it’s generally assumed that the person who pays a photographer is the primary copyright owner.

When Dana discovers agreements that grant ownership to the client, she seeks permission to use the photos and keeps a record of the correspondence. If no agreements exist, Dana contacts her previous clients to inquire if they’re comfortable with her intended use of the photos.

To prevent unauthorised usage of the images, Dana only publishes lower-resolution photos and applies a watermark with a copyright indicator to each one.

Ways to protect your name, brand and ideas

Here are examples of ways you can protect your intellectual property (IP). Use multiple forms of protection to enhance the safety of your IP. Get in touch with IPONZ if you have any queries.

Trade mark

low registration effort
low registration cost
high protection level

Registering your trade mark is the most effective method to protect your name and brand. With regular renewals every 10 years, the protection can last indefinitely.

Provides protection for your brands in the market.
Typically consists of a word or a logo.
Register with IPONZ.

Helpful tip: You cannot register a word that is commonly used in your industry. For example, you can register the name ‘Milk’ for an architecture firm, but not for a milk product.

Trade marks — IPONZ

Helpful tip: Utilise ONECheck to verify the availability of business names, web domains, and trademarks all in a single search.

ONECheck

Trade secret

medium protection level

It is recommended to refrain from disclosing your secret recipe or process to anyone.

Helpful tip: Implement strong safeguards, such as confidentiality agreements and restricted access for staff members.

Copyright

high protection level

Applies to original works, such as images, song lyrics, and digital content.

Registration is not mandatory.
Protection can extend up to 50 years after the creator’s death, depending on the type of work.

Helpful tip: Maintain records of the work’s creation. Include the copyright symbol ©, the owner’s name, and the year of creation.

Company name registration

low registration effort
low registration cost
low protection level

Your brand name holds significant value. Consider using it as the registered name for your company.

Register with Companies Office.
Renew annually.

Helpful tip: Utilise ONECheck to verify the availability of business names, web domains, and trademarks all in one search.

Design

medium registration effort
medium registration cost
medium protection level

For unique and distinct visual appearances of a product.

How things look.
Register with IPONZ.
Protection can last for up to 15 years.

Helpful tip: Ensure you time your registration appropriately, as you cannot register a design if you have already made your product public.

Designs — IPONZ

Patent

high registration effort
high registration cost
high protection level

Applicable to functional inventions or processes.

What things do, how they do it, or how they’re made.
Register with IPONZ.
Protection can last for up to 20 years.

Helpful tip: Be mindful of the timing as you cannot obtain a patent if you have already made your invention public.

Patents — IPONZ

Web domain and social media

low registration effort
low registration cost
low protection level

Your name is a big asset.

Incorporate it into your web address and utilise it on social media platforms for enhanced visibility.
License through a private supplier.

Helpful tip: Utilise ONECheck to verify the availability of business names, web domains, and trademarks all in one search.

ONECheck

Choosing a business name

Plant variety rights (PVR)

high registration effort
high registration cost
high protection level

Applicable to new plant varieties.

Register with IPONZ.
Protection can last for up to 23 years.

Plant variety rights — IPONZ

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