Intellectual Property Checklist for New NZ Company Directors

Why IP Matters From Day One

Most new NZ company directors focus on the obvious setup tasks — bank account, GST, hire a bookkeeper. Intellectual property (IP) falls to the bottom of the list until something goes wrong: a competitor copies your brand, an ex-employee takes your client database, or you discover you don't own the software your contractor built for you.

These mistakes are expensive to fix after the fact. The good news: basic IP protection costs very little to establish early.

1. Trademark Your Brand Name and Logo

A company registered with the Companies Office does not give you trademark protection. Someone else can legally use the same name for their goods or services if they register it as a trademark first.

Key steps:

• Search IPONZ (iponz.govt.nz) for existing trademarks before you invest in branding
• File a trademark application in the classes that cover your goods/services (NZ$200 per class)
• If you plan to trade in Australia or internationally, file in those jurisdictions too

A trademark gives you exclusive rights to use the mark commercially and is enforceable against competitors.

2. Establish Copyright Ownership

Copyright in NZ arises automatically — there is no registration system. However, you need to own the copyright, not just have paid for something to be created.

• Employees: Work created by employees in the course of their employment is owned by the employer. Ensure your employment agreements are clear.
• Contractors: Unless your contract says otherwise, a contractor owns the copyright in work they create — even if you paid for it. Always include a clause assigning IP to your company.
• Open source software: Check licence terms before incorporating open source into your products.

3. Protect Trade Secrets and Confidential Information

Your client list, pricing model, supplier relationships, and internal processes are valuable — and not automatically protected by law unless you take steps to treat them as confidential.

• Include confidentiality clauses in all employment and contractor agreements
• Use non-disclosure agreements (NDAs) with potential partners and suppliers before sharing sensitive information
• Limit access to sensitive information on a need-to-know basis

4. Employment Agreements and IP Assignment

Every NZ employer must provide written employment agreements. Make sure yours include:

• An IP assignment clause (all work-related IP belongs to the company)
• A confidentiality clause covering current and former employees
• A post-employment restraint clause if appropriate for your industry

5. Domain Names and Social Media Handles

Register your domain name (ideally .co.nz and .com) and claim social media handles early — even if you don't plan to use all of them immediately. Squatters and competitors can register these if you delay.

When to Get Legal Advice

If your business relies heavily on proprietary software, creative content, unique processes, or a distinctive brand, talk to an IP or commercial lawyer in your first month. A one-hour review can identify your biggest risks and the steps to address them.

Looking for an IP or commercial lawyer who works with new NZ companies? Find one via FreshFirms.