As a general rule, the greater the value of your intellectual property (IP), the greater the likelihood of potential infringement attempts. Defending your intellectual property becomes increasingly important in such cases.
Basic steps
If you suspect someone of imitating, copying, or stealing your IP, it’s wise to follow these essential steps:
- Maintain composure: Avoid overreacting as many individuals get into trouble by mistakenly believing they are in the right when they are not.
- Verify your IP: Confirm if your IP is actually being infringed upon. Ensure that the IP belongs to you and that you haven’t accidentally allowed your registration to expire.
- Seek legal counsel: Consult with specialised IP advisors who can determine the most effective and cost-efficient approach to defending your intellectual property rights. Read more on: prepping for IP advice.
- Evaluate the costs: Before pursuing legal action, consider the potential impact of this infringement on your business. If it is affecting your bottom line or is likely to do so, taking legal measures to protect your IP could be worthwhile.
Fact
Most IP disputes in New Zealand are resolved outside of the court system.
Case study
From partners to rivals
Sammi and Trudi operate a thriving business where they sell infant products, including a new type of toddler cup developed by Sammi. Unfortunately, due to a disagreement, Trudi decides to leave the company and joins another business, taking the concept of the infant cup along.
In an attempt to establish ownership of the cup and prevent the rival company from selling it, Sammi tries to register the design with IPONZ. However, since the cup has been on the market for several years without any intellectual property protection, it is no longer considered new. As a result, her application for a design registration is deemed invalid.
IPONZ – New Zealand Intellectual Property Office
Patent attorney Information – New Zealand Patent Attorney Register
Tip
In IP disputes, examples play a crucial role, so it is important to consider how you can gather evidence of infringements.
This can involve obtaining product samples, capturing website screenshots, documenting quotes, or collecting materials from the party involved in the infringement.
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