Common Intellectual Property Infringements and How to Address Them
Intellectual property (IP) infringement is a significant concern for businesses and creators in New Zealand. Understanding common types of IP infringement and knowing how to address them is crucial for protecting your valuable assets. Let’s explore some of the most frequent IP infringements in New Zealand and discuss strategies for addressing them.
Trade Mark Infringement
Trade mark infringement occurs when someone uses a mark that is identical or similar to a registered trade mark without permission, potentially causing confusion among consumers.
Common Examples:
- Using a logo or brand name similar to a registered trade mark
- Selling counterfeit goods bearing a registered trade mark
- Using a registered trade mark in advertising without permission
How to Address:
- Monitor the Market: Regularly search for potential infringements of your trade mark.
- Send a Cease and Desist Letter: This is often the first step in addressing infringement. The letter should outline your rights and demand that the infringing party stop their activities.
- Negotiate: Sometimes, infringement can be resolved through negotiation, potentially resulting in a licensing agreement.
- Take Legal Action: If other methods fail, you may need to file a lawsuit. The Intellectual Property Office of New Zealand (IPONZ) provides guidance on enforcing trade mark rights.
- Use Customs Notices: Register your trade mark with New Zealand Customs to help prevent the importation of infringing goods.
Copyright Infringement
Copyright infringement involves the unauthorised use, reproduction, or distribution of copyrighted material.
Common Examples:
- Unauthorised use of images or text on websites
- Illegal downloading or sharing of music, movies, or software
- Plagiarism in academic or professional contexts
How to Address:
- Document the Infringement: Gather evidence of the unauthorised use of your copyrighted material.
- Issue a Takedown Notice: If the infringement is online, you can request the hosting platform or ISP to remove the infringing content.
- Educate the Infringer: Sometimes, infringement occurs due to ignorance. Explaining copyright law may resolve the issue.
- Seek Legal Advice: For serious or persistent infringements, consult with an IP lawyer to explore your options.
- Consider Alternative Dispute Resolution: The Copyright Tribunal of New Zealand can help resolve certain types of copyright disputes.
Patent Infringement
Patent infringement occurs when someone makes, uses, sells, or imports a patented invention without permission from the patent holder.
Common Examples:
- Manufacturing a product that uses a patented technology without a licence
- Importing goods that infringe on local patents
- Using a patented process without authorisation
How to Address:
- Conduct a Patent Search: Ensure that the suspected infringement actually violates your patent.
- Seek Expert Opinion: Consult with a patent attorney to confirm infringement and discuss your options.
- Consider Licensing: Sometimes, offering a licence to the infringing party can be a mutually beneficial solution.
- Initiate Legal Proceedings: If necessary, you may need to file a patent infringement lawsuit in the High Court of New Zealand.
- Explore Alternative Dispute Resolution: Mediation or arbitration can be less costly alternatives to court proceedings.
Design Infringement
Design infringement involves the unauthorised use of a registered design, which protects the visual appearance of a product.
Common Examples:
- Copying the unique shape or pattern of a registered product design
- Importing products that infringe on registered designs
How to Address:
- Register Your Design: Ensure your design is registered with IPONZ to gain legal protection.
- Monitor the Market: Regularly check for products that may infringe on your registered design.
- Send a Cease and Desist Letter: As with other IP infringements, this is often the first step in addressing the issue.
- Negotiate or Litigate: Depending on the circumstances, you may choose to negotiate a settlement or take legal action.
Trade Secret Misappropriation
While not a registered form of IP, trade secrets are protected under New Zealand law. Misappropriation occurs when confidential business information is obtained or used without permission.
Common Examples:
- Former employees disclosing confidential information to competitors
- Industrial espionage
- Breach of non-disclosure agreements
How to Address:
- Implement Strong Security Measures: Protect your trade secrets through physical and digital security measures.
- Use Non-Disclosure Agreements: Ensure all employees and business partners sign NDAs when dealing with sensitive information.
- Act Quickly: If you suspect misappropriation, act swiftly to prevent further disclosure.
- Seek Injunctive Relief: In serious cases, you may need to seek a court injunction to prevent further use or disclosure of your trade secrets.
Intellectual property infringement can have serious consequences for businesses and creators in New Zealand. By understanding common types of infringement and knowing how to address them, you can better protect your valuable IP assets.
Remember, prevention is often the best strategy. Regularly audit your IP portfolio, ensure all your IP is properly registered where applicable, and implement strong protection measures. Educate your employees about the importance of IP and the consequences of infringement.
If you do encounter infringement, consider starting with less confrontational approaches like cease and desist letters or negotiations. However, don’t hesitate to seek legal advice for serious or persistent infringements. The Intellectual Property Office of New Zealand (IPONZ) and professional IP lawyers can provide valuable guidance in navigating these complex issues.
By staying vigilant and taking prompt action against infringement, you can safeguard your intellectual property and maintain your competitive edge in the market. Remember, your IP is a valuable asset – protecting it is crucial for the long-term success of your business or creative endeavours.