IP in New Zealand
Information to help you protect, manage and enforce your intellectual property (IP) rights in New Zealand.
This page provides practical information to help you make the most of your IP when doing business in New Zealand.
If you plan to do business in New Zealand, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
The Intellectual Property Office of New Zealand (IPONZ) is the body responsible for granting and registering IP rights in New Zealand. This includes trade marks, patents, designs, plant variety rights and geographical indications.
Trade marks
The New Zealand trade mark system is similar to the UK’s. Trade marks protect symbols, colours or other devices used to identify a business’ products or services. A trade mark is valid for ten years, then may be renewed indefinitely for further ten-year periods.
To protect a trade mark in New Zealand you can:
- Apply directly to IPONZ.
- Make an international trade mark application and select New Zealand as a designated country. More information on international trade marks can be found on International Trade Mark 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. All patent rights in New Zealand are subject to the payment of annual fees after they’ve been granted.
To protect your innovation with a patent in New Zealand you can:
- File an application directly to IPONZ.
- File an international patent application and select New Zealand as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. More information on international patents can be found on International Patent Protection.
Good to know
New Zealand operates a ‘first to file’ principle. If two people apply for a patent on an identical invention, the first one to file the application will be awarded the patent. 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:
- File an application directly to IPONZ.
- File an international design application and select New Zealand as a designated country. This can reduce the cost and effort of applying for designs in multiple countries. More information on international designs can be found on International Design Protection.
Good to know
New Zealand operates a ‘first to file’ principle. If two people apply for an identical design, the first one to file the application will be awarded the protection. 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, 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: Intellectual Property Enforcement – MBIE.
If you suspect goods infringing your trade mark or copyright are being imported into New Zealand, you can lodge an IP rights notice with the New Zealand Customs Service (Customs). More information about the border protection notice procedures, including fees, can be found on the Customs’ website, which includes a detailed list of IP rights notices they accept.
More information
Visit these pages for more information about exporting to New Zealand and to report a market access barrier on IP in New Zealand.
British Chamber of Commerce in New Zealand provide a variety of business advice, services, and support to businesses in New Zealand.