Protecting Your IP: NDAs and Confidentiality Agreements for New NZ Companies
A new NZ company has valuable IP from day one. Simple NDAs and IP assignment clauses protect it. Here is what every new director should put in place.
Many new NZ company directors focus on registering the company and opening a bank account, then move straight into trading without putting basic IP protection in place. This is a common and costly mistake. Your IP including trade secrets, software, designs, and client relationships is often your most valuable asset from day one.
Non-Disclosure Agreements
Use an NDA before sharing your business plan with investors, discussing technical details with contractors, or hiring senior employees who will access client lists or proprietary processes. A simple one-page mutual NDA can be drafted by a NZ lawyer for NZ00-500.
IP Assignment in Employment Agreements
Under NZ law, IP created by an employee in the course of their employment belongs to the employer by default. However, contractors do NOT automatically assign IP to you unless there is a written agreement. Always include an IP assignment clause in employment agreements, contractor agreements, and co-founder agreements.
Founder IP Assignment
If you created IP before the company was incorporated (early code, pre-existing designs), formally assign it to the company via a written IP assignment deed. This is critical before raising investment.
When to Involve a Lawyer
For simple NDAs and employment IP clauses, many founders use standard template agreements. For franchise IP, software licensing, or raising investment, use a specialist IP lawyer.
If you are looking for a commercial lawyer or IP specialist to help protect your new company, find a local professional through FreshFirms Connect.
For lawyers who want to reach new NZ company directors at the moment they most need IP advice, see how FreshFirms works for law firms.