Resolving a Software Licensing Dispute
Negotiating a settlement after a licensing dispute, reducing exposure and reaching a workable commercial outcome when a vendor made a substantial claim.
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Business & Commercial
Your ideas have value. Protect them.
Trademarks. Copyright. Trade secrets. Your brand and innovations are assets worth protecting properly.
The Context
More than just a name.
Every business has intellectual property worth protecting - trading names, logos, product designs and confidential processes. Many business owners underestimate what they have until someone else starts using it.
™
Your Brand is an Asset
A company name registration doesn't give you exclusive rights. Another business could register your name as a trademark and potentially stop you using it. Trademark registration creates real, enforceable property rights.
©
Protection Beyond Registration
Copyright protects automatically. Trade secrets require confidentiality measures, not registration. Understanding which type of IP you have determines how to protect it.
- Trademarks - registration required
- Copyright - automatic protection
- Trade secrets - confidentiality measures
10yr
Hawke's Bay Expertise
From manufacturers' brands to agricultural innovations, hospitality names to technology products. We understand the regional context that shapes your IP decisions. Hawke's Bay's most experienced IP practitioner.
Types of Intellectual Property
Different types of IP require different protection approaches. Understanding what you have is the first step.
Trademarks
Words, logos, sounds, or colours that identify your goods or services. 10 years protection, renewable indefinitely.
Registration RequiredCopyright
Original creative works including written content, artwork, photography, music, and software.
Automatic ProtectionPatents
Inventions that are new, useful, and not obvious. 20 years of exclusive rights for genuinely novel products or processes. Carlile Dowling works with specialist patent attorneys to get you the best protection.
Registration RequiredTrade Secrets
Customer lists, pricing strategies, manufacturing processes. Protected through confidentiality agreements and proper security.
Confidentiality Measures
Your IP Specialist
View Erick Smith's full profile
Erick Smith
Over 40 years of legal experience with particular depth in intellectual property. His career has spanned Commonwealth jurisdictions including extensive work in South Africa, where IP law shares its foundations with New Zealand and UK frameworks.
Lectured on trade mark, copyright, patent, and design law at Nelson Mandela University
Co-authored Advertising & The Law (Butterworths)
Key IP advisor to South African Revenue Service on valuations, counterfeiting, and domain fraud
Director advising on IP matters for a large software development company
Common Questions
Read the full IP guide
Issues we see every day.
Company Name vs Trademark
Registration Gap
Registering a company name with the Companies Office doesn't give you exclusive commercial rights. You need trademark registration.
Employee IP Ownership
Common Dispute
Work created outside normal duties, or by contractors, may belong to the creator. Clear agreements prevent disputes.
IP in Business Sales
Value Driver
IP is often a significant part of business value. Proper documentation and registration makes your business more saleable.
Someone is Copying My Brand
Enforcement
With a registered trademark, you have strong legal rights. Without registration, enforcement is more difficult and expensive.
International Protection
Exporting
NZ registration only protects you here. The Madrid Protocol simplifies international trademark registration across 120+ countries.
What Can Be Trademarked?
Registrability
Names, logos, taglines, sounds, colours, shapes. The mark must be distinctive and not too similar to existing registrations.
How We Help
Trademark Registration
IPONZ Process
Preliminary searches, application preparation, and managing the IPONZ process through to registration. Usually 4-8 months.
IP Audits
Assessment
We review your business to identify what IP you have, how it's currently protected, and what additional protection you need.
Ownership Agreements
Employment & Contractors
Employment and contractor agreements that properly address IP ownership, ensuring your business owns what it should.
Licensing
Monetisation
Helping you monetise your IP through licensing, whether licensing out your IP or licensing in from others.
Enforcement
Protection
When someone infringes your IP, we advise on options and take action to protect your rights.
Resources
View all articles
Related Reading
Related Case Studies
View all case studiesNon-Disclosure Agreements (NDAs)
How a carefully drafted NDA protected an engineering business's confidential information during acquisition discussions with multiple parties involved.
Read case study
Your Team
Meet the team
behind IP protection
Common Questions
Any existing documents relevant to your situation: company records, contracts, agreements you are considering, or details of issues you are facing. But if you are just at the thinking stage, that is fine too.
