Frequently Asked Questions
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While there are numerous definitions, we consider that the term intellectual property (IP) includes all the intangible assets of a business - usually the valuable assets you cannot find on a balance sheet. These include people skills, ideas, designs, systems, data, know-how, templates, software, brand and more…
Intellectual property rights include such formalised assets as patents, design registrations and trade mark registrations.
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Usually when you have a new project, product or market that has a number of moving parts. Or, when you want to revitalise an established business.
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An IP strategy provides a coordinated plan that helps maximise opportunities around a new project or business.
KTPI Enterprises often dives deeper into a business (as needed) and in addition to traditional IP protection strategy, looking at intangible assets as a whole, exploring potential weaknesses around employee relationships and documentation, succession planning, data security, R&D direction and data capture, competitive/collaborative landscape, and of course, the road map to World Domination.
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It definitely can be! However, a good IP strategy considers budget, timing and how to maximise return on expenditure. In addition to formal protection, you also get advice on zero or low cost measures you can take such as good internal systems. Part of an IP strategy can include how to position yourself to attract investors who could cover greater costs going forward.
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Actually, patents and trade secrets are not mutually exclusive. A good strategy identifies what should be kept under wraps (and how) along with what elements suit patent protection better.
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All may not be lost, although it is always best to file a patent application before you go public with your idea.
Different countries have differing rules around patent novelty. Depending on what is out there, how it got out there and when, you may still be gain valid patent protection for your invention. We can help you work through what is possible.
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Sometimes, depending on what you want protected and where. New Zealand has strong copyright law which even covers industrial products. However, this is not the case in many countries and many NZ companies have been caught without protection in their export markets.
Further, it is possible to design around copyright rights (something we have helped clients with in the past), so consider the applicability of stronger rights such as patents and design registrations.
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Rarely and for many reasons. Contact us if you want an article sent to you on why.
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While the trite answer is the IP that gives you the commercial advantage, there is more to this. In general, in the long term, reputation is the most valuable form of IP. This is what ensures repeat customers and entry into new markets. Reputation or brand value is bolstered by good practices, quality and trustworthiness. It can be protected by formal IP protection such as registered trade marks along with vigilance in terms of how you are represented in the media and other communications.
It takes time to build up a good reputation and no time at all to destroy it. In the short term it is therefore important to buy time as such and gain traction in the market by having a monopoly for your products and services through good relationships, tight agreements, patents and design registrations.