Where do I start?

If you are visiting our website, you probably have a question about intellectual property, or a problem about some aspect of intellectual property that needs to be sorted. You have come to the right place!

A J Park is a firm of specialist intellectual property lawyers. We help businesses protect and enforce their intellectual property rights. You can contact us about any aspect of intellectual property by email.

1: But what is intellectual property?

Intellectual property sounds like a complicated legal term. Basically it means any aspect of a business that has to do with the following sorts of things:

trade marks, brands and logos
domain names and e-commerce
inventions and patents
copyright
registered designs
plant variety rights
trade secrets and confidential information
passing off and the Fair Trading Act
the Commerce Act
franchising and licensing
computer law
marketing and distribution agreements

Here is some basic information about our services in some of these areas to get you started:

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2: Logos, brands and trade marks

We know a lot about logos and what makes or breaks a brand. If your business is in the process of creating a logo or brand for your products or services, we can provide guidance on ways to make it as strong as possible. We can advise you on ways to use your logo and/or brand so that they will become your most valuable business assets.

If your business uses a trade mark (and your logo or brand can be a trade mark too), we can search the trade mark register in New Zealand or anywhere around the world to check if some one else has already registered the same or a similar trade mark. We can advise you on whether your trade mark meets the legal criteria for registration, and if it does, we can help you register it in New Zealand or any other country. If you think someone else is using your trade mark and you want them to stop, we know about all the options available to you and we can help you with the one that is right for your business. Perhaps someone is threatening you with legal action on the basis that you are infringing their trade mark, logo or brand name – we can help you resolve that problem too!

For specific advice relating to logos, brands and trade marks contact one of our branding or trade mark specialists in our Wellington or Auckland

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3: Domain names and e-commerce

Nowadays, everyone is doing electronic business. We can help your business with the basics like setting up a website and registering your domain name or taking action against “cyber-squatters” who have already reserved a name you want to use. You may have received a letter from someone claiming that your website or domain name is too similar to theirs and that customers are getting confused. Perhaps you want to commence an action against someone who is copying features of your website. In either case, one of our experts will be able to help you.

We can also advise on the internet service provider and customer contracts you will need to put in place to trade on the internet. And then there’s the more complex issues you’ll need to consider when you launch your business into cyberspace, such as tax law, copyright law, privacy laws, consumer protection laws and foreign laws (just to name a few!). We have a team of experts to help you work through these important issues and advise you on what is relevant to your business.

For answers to your specific questions about domain names, websites and doing business on the internet, please contact Damian Broadley.

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4: Inventions and patents

When you or one of your employees comes up with an “invention”, it is important to treat it confidentially and seek professional advice early. Patent protection is available for new ideas, but you could blow your chances of successfully securing patent protection and the right to exclusively use your idea commercially if you disclose or use the invention before filing a patent application. You may also unwittingly be infringing some one else’s patent protection if you go ahead with manufacturing or importing a product for which some one else has already registered a patent. A J Park can tell you when it’s safe to use or disclose your idea and we’ll help with the patenting process from beginning to end. We are able to help you resolve any infringement claims quickly so you can get on with your core business.

We can advise you on whether your invention meets the legal requirements for a patent and we can search to see if your idea has already been patented anywhere in the world. We can work with you to prepare a specification for filing a patent in New Zealand and/or overseas. Patenting is an expensive process and no one wants to waste money. We will make sure you have the best chances of success before you commit financial resources. Once filed, our team of experts work through the examination process to help get your patent granted and can advise you on commercialising your invention.

For answers to your specific questions about patents and doing business on the internet, contact one of our experts.

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5: Copyright

Contrary to popular belief, you can’t “register” copyright. Copyright – or the right to stop others from copying your ideas - automatically exists in any artistic, dramatic, literary or musical work. Copyright also exists in electronic works such as computer programmes, software and databases. There is also copyright in sound recordings, photos, films, videos, broadcasts and cable programmes and in multi-media productions and interactive digital works.

You can talk to our experts about any copyright problem - whether you are worried about your actions infringing someone else’s copyright or if you want to stop someone else from copying yours. We can show you the steps you need to take so that your copyright protection is as strong as possible and that it will be easy to prove if you have to. If you want to use something like a musical recording or play script, or if you want to copy some or all of a literary work or other work in which there is copyright, we can show you the steps you need to take to avoid facing legal action for copyright infringement.

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6: Registered designs

If you are the designer or manufacturer of three dimensional industrial or domestic goods (like furniture or appliances) and some two dimensional items (like wallpaper and textiles) then you need to know about registered designs. It is possible to use design registration to stop others from copying the aesthetic features (like shape, configuration, pattern and ornamentation) of these products. Our experts can help you identify the features of your products which can be protected and assist with the preparation of an application to register your design.

If someone else is claiming that your product infringes their design, we can help you deal with that problem. And if you want to stop someone else from using your design, we’ll help sort it out.

For answers to your specific questions about registered designs, contact one of our experts.

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7: Franchising and licensing

Many people don’t realise that we are experts in franchising and licensing agreements. These are agreements through which owners of intellectual property allow others to use their property in return for a fee or a royalty payment. Whether you are the owner of intellectual property or someone who wants to use another’s intellectual property for your business, we can help you to prepare, negotiate and complete an agreement specific to your needs.

For answers to your specific questions about license and franchise agreements, please contact someone in our commercial team.

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