Intellectual Property What is your intellectual property and how do you protect it? BY CAROLYN CULLINEY - NORRIS WARD MCKINNON

Intellectual property is becoming one of the buzz words of the modern knowledge economy, but what is it? This article introduces you to some of the rights which comprise intellectual property, which many businesses hold without realising the value in them. We also discuss some simple concepts for protecting intellectual property.

What is Intellectual Property?
Intellectual property can include patents, copyright, trademarks, design rights, confidential information, know-how and trade secrets. We describe each of these below.

Patents protect innovations in products, formulations and processes from being manufactured, used or sold by other people without the permission of the patent holder. To obtain a patent the invention must be new or novel and must be inventive. Once registered the patent holder may license use for a fee to people who wish to use the patent.

Copyright is a form of protection for original works. Works include original artistic, literary, dramatic or musical work, recording, films, and so on. Software programmes are also protected by copyright. The Copyright Act 1994 protects works by preventing unauthorised copying, displaying or broadcasting of copyright works without the owner of the copyright’s consent. It is often a good idea to put a copyright symbol on unique work you have created and intend to distribute, to let people know you retain copyright. For example, ©2006 ABC Company Limited. All rights reserved.

A Trademark is a unique identifier often referred to as a “brand” or “logo”. Trademarks can include words, colours, sounds, smells or any combination of these. Trademarks are registered in particular classes, which relate to the type of goods or services you use the trademark in association with. Recently Cadbury has been trying to register the colour purple for its chocolate products in New Zealand. Once you have a trademark for a particular type of good or service registered in New Zealand, others cannot use it for a similar good or service.

Designs may be registered. Registered designs protect the external appearance of products. Designs that have been registered include kiwifruit tray packet layouts and beverage container shapes.

Confidential information of a business is also considered intellectual property. Know-how in relation to a special and confidential method of carrying out a task that is particular to one company’s business is private intellectual property.

A trade secret is information that is, or may be used in a business/trade that is not generally known in that business/ trade. The information must be of such a confidential nature that if released to the public, significant harm would result to the particular business/trade striving to protect it. Know-how and trade secrets, like other confidential information, are generally protectable by way of a confidentiality agreement, restricting use of information that may be disclosed, to ensure someone else does not ‘steal’ the information and use it to compete.

Carolyn Culliney is an Associate with Norris Ward McKinnon and practices in particular in the areas of intellectual property, international and domestic commercial contracts, company law, and e-commerce. Contact Carolyn Culliney on (07) 834 600.